State of Illinois
92nd General Assembly
Legislation

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92_SB0010ham002











                                           LRB9201430LDcsam02

 1                     AMENDMENT TO SENATE BILL 10

 2        AMENDMENT NO.     .  Amend Senate Bill  10  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Attorney  General  Act  is  amended by
 5    changing Section 6.5 as follows:

 6        (15 ILCS 205/6.5)
 7        Sec. 6.5. Consumer Utilities Unit.
 8        (a)  The General Assembly finds that the health, welfare,
 9    and prosperity of all Illinois  citizens,  and  the  public's
10    interest in adequate, safe, reliable, cost-effective electric
11    and  telecommunications  services,  requires effective public
12    representation by the Attorney General to protect the  rights
13    and  interests of the public in the provision of all elements
14    of electric and telecommunications service  both  during  and
15    after  the  transition  to  a competitive market, and that to
16    ensure that the benefits of competition in the  provision  of
17    both   electric   and   telecommunications  services  to  all
18    consumers are attained, there shall  be  created  within  the
19    Office of the Attorney General a Consumer Utilities Unit.
20        (b)  As  used  in this Section: "Electric services" means
21    services sold by  an  electric  service  provider.  "Electric
22    service  provider"  shall mean anyone who sells, contracts to
 
                            -2-            LRB9201430LDcsam02
 1    sell, or markets electric  power,  generation,  distribution,
 2    transmission, or services (including metering and billing) in
 3    connection   therewith.   Electric  service  providers  shall
 4    include any  electric  utility  and  any  alternative  retail
 5    electric  supplier as defined in Section 16-102 of the Public
 6    Utilities Act.
 7        (b-5)  As  used  in  this  Section:   "Telecommunications
 8    services"   means   services  sold  by  a  telecommunications
 9    carrier, as provided for in  Section  13-203  of  the  Public
10    Utilities Act.  "Telecommunications carrier" means anyone who
11    sells,  contracts  to  sell,  or  markets  telecommunications
12    services,  whether  noncompetitive  or competitive, including
13    access services, interconnection services, or any services in
14    connection therewith.   Telecommunications  carriers  include
15    any  carrier  as  defined  in  Section  13-202  of the Public
16    Utilities Act.
17        (c)  There is created within the Office of  the  Attorney
18    General  a  Consumer  Utilities Unit, consisting of Assistant
19    Attorneys General appointed by  the  Attorney  General,  who,
20    together  with such other staff as is deemed necessary by the
21    Attorney General, shall have the power and duty on behalf  of
22    the  people  of the State to intervene in, initiate, enforce,
23    and defend all legal proceedings on matters relating  to  the
24    provision,    marketing,    and    sale   of   electric   and
25    telecommunications  service  whenever  the  Attorney  General
26    determines that  such  action  is  necessary  to  promote  or
27    protect  the  rights  and  interest of all Illinois citizens,
28    classes   of   customers,   and   users   of   electric   and
29    telecommunications services.
30        (d)  In addition to  the  investigative  and  enforcement
31    powers  available  to the Attorney General, including without
32    limitation those  under  the  Consumer  Fraud  and  Deceptive
33    Business  Practices  Act  and the Illinois Antitrust Act, the
34    Attorney General shall be a party as a matter of right to all
 
                            -3-            LRB9201430LDcsam02
 1    proceedings, investigations, and  related  matters  involving
 2    the  provision of electric services and to those proceedings,
 3    investigations, and related matters involving  the  provision
 4    of  telecommunications  services before the Illinois Commerce
 5    Commission and shall, upon request, have access  to  and  the
 6    use  of  all  files,  records,  data,  and  documents  in the
 7    possession or control of the Commission, which  material  the
 8    Attorney  General's office shall maintain as confidential, to
 9    be used for law enforcement purposes only, which material may
10    be shared with other law enforcement officials.   Nothing  in
11    this  Section  is  intended  to take away or limit any of the
12    powers the Attorney General has pursuant  to  common  law  or
13    other statutory law.
14    (Source: P.A. 90-561, eff. 12-16-97.)

15        Section  10.  The  State Finance Act is amended by adding
16    Sections 5.545  and 5.546 as follows:

17        (30 ILCS 105/5.545 new)
18        Sec. 5.545.  The Digital Divide Elimination Fund.

19        (30 ILCS 105/5.546 new)
20        Sec.    5.546.  The    Digital     Divide     Elimination
21    Infrastructure Fund.

22        Section  15.  The  Eliminate  the  Digital  Divide Law is
23    amended by changing Section 5-30 and adding Section  5-20  as
24    follows:

25        (30 ILCS 780/5-20 new)
26        Sec.  5-20. Digital Divide Elimination Fund.  The Digital
27    Divide Elimination Fund is created as a special fund  in  the
28    State treasury. All moneys in the Fund shall be used, subject
29    to  appropriation  by the General Assembly, by the Department
 
                            -4-            LRB9201430LDcsam02
 1    for grants made under Section 5-30 of this Act.

 2        (30 ILCS 780/5-30)
 3        Sec. 5-30. Community Technology Center Grant Program.
 4        (a)  Subject  to  appropriation,  the  Department   shall
 5    administer  the  Community  Technology  Center  Grant Program
 6    under which the Department shall make  grants  in  accordance
 7    with    this    Article    for    planning,    establishment,
 8    administration, and expansion of Community Technology Centers
 9    and  for  assisting  public  hospitals,  libraries,  and park
10    districts in eliminating the digital divide. The purposes  of
11    the  grants  shall  include, but not be limited to, volunteer
12    recruitment  and  management,   training   and   instruction,
13    infrastructure,  and related goods and services for Community
14    Technology Centers and public hospitals, libraries, and  park
15    districts.  The  total amount of grants under this Section in
16    fiscal year 2001 shall not  exceed  $2,000,000,  except  that
17    this  limit  on  grants  shall  not apply to grants funded by
18    appropriations from the Digital Divide Elimination  Fund.  No
19    Community  Technology Center may receive a grant of more than
20    $50,000 under this Section in a particular fiscal year.
21        (b)  Public hospitals,  libraries,  park  districts,  and
22    State   educational  agencies,  local  educational  agencies,
23    institutions  of  higher  education,  and  other  public  and
24    private nonprofit or for-profit  agencies  and  organizations
25    are  eligible  to receive grants under this Program, provided
26    that  a  local  educational  agency  or  public  or   private
27    educational  agency  or  organization  must,  in  order to be
28    eligible  to  receive  grants  under  this  Program,  provide
29    computer access and educational  services  using  information
30    technology  to  the  public at one or more of its educational
31    buildings or facilities at least 12 hours each week. A  group
32    of  eligible  entities is also eligible to receive a grant if
33    the group follows the procedures for group applications in 34
 
                            -5-            LRB9201430LDcsam02
 1    CFR  75.127-129   of   the   Education   Department   General
 2    Administrative Regulations.
 3        To  be  eligible  to  apply  for  a  grant,  a  Community
 4    Technology Center, public hospital, library, or park district
 5    must  serve a community in which not less than 40% 50% of the
 6    students are eligible  for a  free  or  reduced  price  lunch
 7    under  the national school lunch program or in which not less
 8    than 30% 40% of the students are eligible for  a  free  lunch
 9    under  the national school lunch program; however, if funding
10    is insufficient to  approve  all  grant  applications  for  a
11    particular  fiscal  year,  the Department may impose a higher
12    minimum  percentage   threshold   for   that   fiscal   year.
13    Determinations  of  communities  and  determinations  of  the
14    percentage  of students in a community who are eligible for a
15    free or reduced price lunch under the national  school  lunch
16    program  shall  be  in  accordance  with rules adopted by the
17    Department.
18        Any entities that have received  a  Community  Technology
19    Center  grant  under the federal Community Technology Centers
20    Program are also eligible to  apply  for  grants  under  this
21    Program.
22        The  Department  shall  provide  assistance  to Community
23    Technology  Centers  in   making  those  determinations   for
24    purposes of applying for grants.
25        (c)  Grant   applications   shall  be  submitted  to  the
26    Department not later than March 15 for the next fiscal year.
27        (d)  The Department shall adopt rules setting  forth  the
28    required form and contents of grant applications.
29        (e)  There  is  created  the  Digital  Divide Elimination
30    Advisory Committee.  The advisory committee shall consist  of
31    5  members  appointed one each by the Governor, the President
32    of the Senate, the Senate Minority Leader, the Speaker of the
33    House, and the House Minority Leader.   The  members  of  the
34    advisory  committee  shall  receive no compensation for their
 
                            -6-            LRB9201430LDcsam02
 1    services as members of the  advisory  committee  but  may  be
 2    reimbursed  for  their actual expenses incurred in serving on
 3    the  advisory  committee.   The  Digital  Divide  Elimination
 4    Advisory   Committee   shall   advise   the   Department   in
 5    establishing  criteria   and   priorities   for   identifying
 6    recipients  of grants under this Act.  The advisory committee
 7    shall obtain advice from the  technology  industry  regarding
 8    current  technological  standards.   The  advisory  committee
 9    shall seek any available federal funding.
10    (Source: P.A. 91-704, eff. 7-1-00.)

11        Section  20.  The  Public  Utilities  Act  is  amended by
12    changing Sections 1-102, 2-101, 2-202, 8-101, 9-230,  13-101,
13    13-301.1,  13-407,  13-501,  13-502,  13-509, 13-514, 13-515,
14    13-516, 13-801, and  13-902  and  adding  Sections  10-101.1,
15    13-202.5,  13-216,  13-217, 13-218, 13-219, 13-220, 13-301.2,
16    13-301.3, 13-303, 13-303.5, 13-304, 13-305, 13-502.5, 13-517,
17    13-518, 13-712, 13-713, 13-903, and 13-1200 as follows:

18        (220 ILCS 5/1-102) (from Ch. 111 2/3, par. 1-102)
19        Sec. 1-102. Findings and  Intent.  The  General  Assembly
20    finds that the health, welfare and prosperity of all Illinois
21    citizens   require  the  provision  of  adequate,  efficient,
22    reliable, environmentally safe and least-cost public  utility
23    services  at  prices  which  accurately reflect the long-term
24    cost  of  such  services  and  which  are  equitable  to  all
25    citizens. It is therefore declared to be the  policy  of  the
26    State  that  public  utilities shall continue to be regulated
27    effectively and comprehensively. It is further declared  that
28    the  goals  and  objectives  of  such  regulation shall be to
29    ensure
30             (a)  Efficiency: the provision  of  reliable  energy
31        services  at  the  least possible cost to the citizens of
32        the State; in such manner that:
 
                            -7-            LRB9201430LDcsam02
 1                  (i)  physical, human  and  financial  resources
 2             are allocated efficiently;
 3                  (ii)  all   supply   and   demand  options  are
 4             considered and evaluated using comparable terms  and
 5             methods  in  order  to determine how utilities shall
 6             meet their customers'  demands  for  public  utility
 7             services at the least cost;
 8                  (iii)  utilities   are   allowed  a  sufficient
 9             return on investment so as to enable them to attract
10             capital in financial markets at competitive rates;
11                  (iv)  tariff rates  for  the  sale  of  various
12             public  utility  services  are  authorized such that
13             they accurately reflect the cost of delivering those
14             services and allow utilities to  recover  the  total
15             costs prudently and reasonably incurred;
16                  (v)  variation  in  costs by customer class and
17             time  of  use  is  taken   into   consideration   in
18             authorizing rates for each class.
19             (b)  Environmental  Quality:  the  protection of the
20        environment from the adverse  external  costs  of  public
21        utility services so that
22                  (i)  environmental  costs  of  proposed actions
23             having a significant impact on the  environment  and
24             the  environmental  impact  of  the alternatives are
25             identified,  documented  and   considered   in   the
26             regulatory process;
27                  (ii)  the  prudently  and  reasonably  incurred
28             costs of environmental controls are recovered.
29             (c)  Reliability:   the   ability  of  utilities  to
30        provide consumers  with  public  utility  services  under
31        varying  demand  conditions in such manner that suppliers
32        of public utility services are able to provide service at
33        varying levels of economic reliability giving appropriate
34        consideration to the costs likely to  be  incurred  as  a
 
                            -8-            LRB9201430LDcsam02
 1        result  of  service  interruptions,  and  to the costs of
 2        increasing or maintaining current levels  of  reliability
 3        consistent with commitments to consumers.
 4             (d)  Equity:  the  fair  treatment  of consumers and
 5        investors in order that
 6                  (i)  the  public  health,  safety  and  welfare
 7             shall be protected;
 8                  (ii)  the application  of  rates  is  based  on
 9             public   understandability  and  acceptance  of  the
10             reasonableness of the rate structure and level;
11                  (iii)  the cost  of  supplying  public  utility
12             services  is  allocated to those who cause the costs
13             to be incurred;
14                  (iv)  if factors other than cost of service are
15             considered in regulatory  decisions,  the  rationale
16             for these actions is set forth;
17                  (v)  regulation  allows  for orderly transition
18             periods to accommodate  changes  in  public  utility
19             service markets;
20                  (vi)  regulation  does  not  result in undue or
21             sustained adverse impact on utility earnings;
22                  (vii)  the impacts of regulatory actions on all
23             sectors of the State are carefully weighed;
24                  (viii)  the  rates  for  utility  services  are
25             affordable and therefore preserve  the  availability
26             of such services to all citizens.
27        It is further declared to be the policy of the State that
28    this  Act  shall  not apply in relation to motor carriers and
29    rail  carriers  as  defined  in   the   Illinois   Commercial
30    Transportation Law, or to the Commission in the regulation of
31    such carriers.
32        Nothing   in  this  Act  shall  be  construed  to  limit,
33    restrict, or mitigate in any way the power and  authority  of
34    the  State's  Attorneys  or  the  Attorney  General under the
 
                            -9-            LRB9201430LDcsam02
 1    Consumer Fraud and Deceptive Business Practices Act.
 2    (Source: P.A. 89-42, eff. 1-1-96.)

 3        (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
 4        Sec.  2-101.   Commerce  Commission  created.   There  is
 5    created an  Illinois  Commerce  Commission  consisting  of  5
 6    members  not more than 3 of whom shall be members of the same
 7    political party at the time  of  appointment.   The  Governor
 8    shall  appoint the members of such Commission by and with the
 9    advice and consent of the Senate.  In case of  a  vacancy  in
10    such  office  during  the  recess  of the Senate the Governor
11    shall make a temporary appointment until the next meeting  of
12    the  Senate,  when he shall nominate some person to fill such
13    office; and any person so nominated who is confirmed  by  the
14    Senate,  shall  hold  his  office during the remainder of the
15    term  and  until  his  successor  shall  be   appointed   and
16    qualified.  Each  member  of the Commission shall hold office
17    for a term of 5 years from the third Monday in January of the
18    year in which his predecessor's term expires.
19        Notwithstanding any provision  of  this  Section  to  the
20    contrary, the term of office of each member of the Commission
21    is terminated on the effective date of this amendatory Act of
22    1995,  but  the  incumbent members shall continue to exercise
23    all of the powers and be subject to  all  of  the  duties  of
24    members  of  the Commission until their respective successors
25    are  appointed  and  qualified.   Of  the  members  initially
26    appointed under the provisions  of  this  amendatory  Act  of
27    1995,  one  member  shall  be  appointed for a term of office
28    which shall expire on the third Monday of  January,  1997;  2
29    members  shall  be  appointed for terms of office which shall
30    expire on the third Monday of January, 1998; one member shall
31    be appointed for a term of office which shall expire  on  the
32    third  Monday  of  January,  1999;  and  one  member shall be
33    appointed for a term of office  which  shall  expire  on  the
 
                            -10-           LRB9201430LDcsam02
 1    third  Monday  of  January,  2000.  Each respective successor
 2    shall be appointed for a term  of  5  years  from  the  third
 3    Monday of January of the year in which his predecessor's term
 4    expires  in  accordance  with  the  provisions  of  the first
 5    paragraph of this Section.
 6        Each member shall serve until his successor is  appointed
 7    and  qualified,  except that if the Senate refuses to consent
 8    to the appointment of any    member,  such  office  shall  be
 9    deemed  vacant,  and  within  2  weeks of the date the Senate
10    refuses to consent to the reappointment of any  member,  such
11    member shall vacate such office. The Governor shall from time
12    to  time  designate the member of the Commission who shall be
13    its chairman. Consistent with the provisions of this Act, the
14    Chairman  shall  be  the  chief  executive  officer  of   the
15    Commission  for the purpose of ensuring that the Commission's
16    policies are properly executed.
17        If there is no vacancy on the Commission,  4  members  of
18    the   Commission   shall  constitute  a  quorum  to  transact
19    business; otherwise,  a  majority  of  the  Commission  shall
20    constitute  a quorum to transact business, and but no vacancy
21    shall impair the right  of  the  remaining  commissioners  to
22    exercise  all  of  the  powers  of the Commission.; and Every
23    finding, order, or decision approved by  a  majority  of  the
24    members  of the Commission shall be deemed to be the finding,
25    order, or decision of the Commission.
26    (Source: P.A. 89-429, eff. 12-15-95.)

27        (220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202)
28        Sec. 2-202.  Policy; Public Utility Fund; tax.
29        (a)  It is declared to be the public policy of this State
30    that in order to maintain and foster the effective regulation
31    of public utilities under this Act in the  interests  of  the
32    People  of  the State of Illinois and the public utilities as
33    well, the public utilities subject to regulation  under  this
 
                            -11-           LRB9201430LDcsam02
 1    Act  and  which  enjoy  the  privilege of operating as public
 2    utilities  in  this  State,  shall  bear   the   expense   of
 3    administering  this  Act  by means of a tax on such privilege
 4    measured by the annual gross revenue of such public utilities
 5    in the manner provided in this Section. For purposes of  this
 6    Section,  "expense  of  administering  this Act" includes any
 7    costs incident to studies, whether made by the Commission  or
 8    under  contract  entered  into  by the Commission, concerning
 9    environmental pollution problems caused or contributed to  by
10    public  utilities  and  the  means for eliminating or abating
11    those problems. Such  proceeds  shall  be  deposited  in  the
12    Public Utility Fund in the State treasury.
13        (b)  All  of  the ordinary and contingent expenses of the
14    Commission incident to the administration of this  Act  shall
15    be   paid   out   of  the  Public  Utility  Fund  except  the
16    compensation of the members of the Commission which shall  be
17    paid  from  the  General  Revenue Fund. Notwithstanding other
18    provisions of this Act to  the  contrary,  the  ordinary  and
19    contingent   expenses  of  the  Commission  incident  to  the
20    administration of the Illinois Commercial Transportation  Law
21    may  be paid from appropriations from the Public Utility Fund
22    through the end of fiscal year 1986.
23        (c)  A tax is imposed upon each public utility subject to
24    the provisions of this Act equal to .08% of its gross revenue
25    for each calendar year  commencing  with  the  calendar  year
26    beginning January 1, 1982, except that the Commission may, by
27    rule,  establish  a  different rate no greater than 0.1%. For
28    purposes of this Section, "gross revenue" shall  not  include
29    revenue  from  the  production,  transmission,  distribution,
30    sale, delivery, or furnishing of electricity. "Gross revenue"
31    shall   not   include   amounts  paid  by  telecommunications
32    retailers    under    the    Telecommunications     Municipal
33    Infrastructure Maintenance Fee Act.
34        (d)  Annual  gross  revenue  returns  shall  be  filed in
 
                            -12-           LRB9201430LDcsam02
 1    accordance with paragraph (1) or (2) of this subsection (d).
 2             (1)  Except as provided in  paragraph  (2)  of  this
 3        subsection (d), on or before January 10 of each year each
 4        public  utility  subject  to  the  provisions of this Act
 5        shall file with the Commission an estimated annual  gross
 6        revenue  return  containing  an estimate of the amount of
 7        its  gross  revenue  for  the  calendar  year  commencing
 8        January 1 of said year and a statement of the  amount  of
 9        tax  due  for  said  calendar  year  on the basis of that
10        estimate.  Public utilities may also file revised returns
11        containing updated estimates and updated amounts  of  tax
12        due  during  the calendar year. These revised returns, if
13        filed, shall form the basis for  quarterly  payments  due
14        during  the remainder of the calendar year.  In addition,
15        on or before March 31 February  15  of  each  year,  each
16        public  utility  shall file an amended return showing the
17        actual amount of gross revenues shown  by  the  company's
18        books and records as of December 31 of the previous year.
19        Forms  and  instructions for such estimated, revised, and
20        amended returns shall be  devised  and  supplied  by  the
21        Commission.
22             (2)  Beginning  with  returns  due  after January 1,
23        2002 1993, the requirements  of  paragraph  (1)  of  this
24        subsection  (d)  shall not apply to any public utility in
25        any calendar year for which  the  total  tax  the  public
26        utility  owes  under  this  Section  is less than $10,000
27        $1,000.  For such public utilities with respect  to  such
28        years, the public utility shall file with the Commission,
29        on  or  before March January 31 of the following year, an
30        annual gross revenue return for the year and a  statement
31        of  the  amount of  tax due for that year on the basis of
32        such a return. Forms and instructions  for  such  returns
33        and  corrected  returns  shall be devised and supplied by
34        the Commission.
 
                            -13-           LRB9201430LDcsam02
 1        (e)  All returns submitted to the Commission by a  public
 2    utility  as provided in this subsection (e) or subsection (d)
 3    of this Section shall contain or be  verified  by  a  written
 4    declaration  by  an appropriate officer of the public utility
 5    that the return is made under the penalties of  perjury.  The
 6    Commission  may  audit  each  such  return submitted and may,
 7    under the provisions of Section 5-101 of this Act, take  such
 8    measures as are necessary to ascertain the correctness of the
 9    returns submitted. The Commission has the power to direct the
10    filing  of  a corrected return by any utility which has filed
11    an incorrect return and to direct the filing of a  return  by
12    any   utility  which  has  failed  to  submit  a  return.   A
13    taxpayer's signing a fraudulent return under this Section  is
14    perjury,  as  defined in Section 32-2 of the Criminal Code of
15    1961.
16        (f)  (1)  For all public utilities subject  to  paragraph
17    (1)  of  subsection  (d),  at least one quarter of the annual
18    amount of tax due under subsection (c) shall be paid  to  the
19    Commission  on  or  before  the  tenth day of January, April,
20    July, and October of the calendar year subject  to  tax.   In
21    the  event that an adjustment in the amount of tax due should
22    be necessary as a result of  the  filing  of  an  amended  or
23    corrected  return  under  subsection (d) or subsection (e) of
24    this Section, the amount of any deficiency shall be  paid  by
25    the  public  utility  together  with the amended or corrected
26    return and the amount of any excess shall, after  the  filing
27    of  a  claim for credit by the public utility, be returned to
28    the public utility in the form of a credit memorandum in  the
29    amount of such excess or be refunded to the public utility in
30    accordance  with  the  provisions  of  subsection (k) of this
31    Section.  However, if such deficiency or excess is less  than
32    $1,  then  the public utility need not pay the deficiency and
33    may not claim a credit.
34        (2)  Any public  utility  subject  to  paragraph  (2)  of
 
                            -14-           LRB9201430LDcsam02
 1    subsection  (d)  shall  pay  the  amount  of  tax  due  under
 2    subsection  (c)  on or before March January 31 next following
 3    the end of the calendar year subject to tax.   In  the  event
 4    that  an  adjustment  in  the  amount  of  tax  due should be
 5    necessary as a result of the filing  of  a  corrected  return
 6    under  subsection  (e), the amount of any deficiency shall be
 7    paid by the public utility at the time the  corrected  return
 8    is  filed. Any excess tax payment by the public utility shall
 9    be returned to it after the filing of a claim for credit,  in
10    the  form of a credit memorandum in the amount of the excess.
11    However, if such deficiency or excess is less  than  $1,  the
12    public  utility need not pay the deficiency and may not claim
13    a credit.
14        (g)  Each installment or  required  payment  of  the  tax
15    imposed  by  subsection (c) becomes delinquent at midnight of
16    the date that it  is  due.  Failure  to  make  a  payment  as
17    required  by this Section shall result in the imposition of a
18    late payment penalty, an underestimation penalty, or both, as
19    provided by this subsection.  The late payment penalty  shall
20    be the greater of:
21             (1)  $25  for  each month or portion of a month that
22        the installment or required payment is unpaid or
23             (2)  an amount equal to the difference between  what
24        should  have  been  paid  on the due date, based upon the
25        most recently filed estimated, annual, or amended  return
26        estimate,  and what was actually paid, times 1%, for each
27        month or portion of  a  month  that  the  installment  or
28        required  payment  goes  unpaid.   This  penalty  may  be
29        assessed  as  soon as the installment or required payment
30        becomes delinquent.
31        The underestimation penalty shall apply to  those  public
32    utilities  subject  to  paragraph  (1)  of subsection (d) and
33    shall be calculated after the filing of the  amended  return.
34    It shall be imposed if the amount actually paid on any of the
 
                            -15-           LRB9201430LDcsam02
 1    dates  specified  in  subsection (f) is not equal to at least
 2    one-fourth of the amount actually due for the year, and shall
 3    equal the greater of:
 4             (1)  $25 for each month or portion of a  month  that
 5        the amount due is unpaid or
 6             (2)  an  amount equal to the difference between what
 7        should have been paid, based on the amended  return,  and
 8        what  was  actually  paid  as  of  the  date specified in
 9        subsection (f), times a percentage equal to 1/12  of  the
10        sum  of  10% and the percentage most recently established
11        by the Commission for interest to  be  paid  on  customer
12        deposits  under  83 Ill. Adm. Code 280.70(e)(1), for each
13        month or portion of a month  that  the  amount  due  goes
14        unpaid,  except  that no underestimation penalty shall be
15        assessed if the amount actually paid on or before each of
16        the dates specified in subsection (f)  was  based  on  an
17        estimate  of  gross revenues at least equal to the actual
18        gross revenues for the previous year. The Commission  may
19        enforce  the  collection of any delinquent installment or
20        payment, or portion thereof by legal  action  or  in  any
21        other  manner  by  which  the collection of debts due the
22        State of Illinois may be enforced under the laws of  this
23        State.  The executive director or his designee may excuse
24        the payment of an assessed penalty or  a  portion  of  an
25        assessed   penalty   if   he   determines  that  enforced
26        collection of the penalty as assessed would be unjust.
27        (h)  All sums  collected  by  the  Commission  under  the
28    provisions  of  this Section shall be paid promptly after the
29    receipt of the same,  accompanied  by  a  detailed  statement
30    thereof, into the Public Utility Fund in the State treasury.
31        (i)  During  the  month  of  October of each odd-numbered
32    year the Commission shall:
33             (1)  determine the amount of all moneys deposited in
34        the Public  Utility  Fund  during  the  preceding  fiscal
 
                            -16-           LRB9201430LDcsam02
 1        biennium  plus  the  balance, if any, in that fund at the
 2        beginning of that biennium;
 3             (2)  determine the sum total of the following items:
 4        (A)   all   moneys   expended   or   obligated    against
 5        appropriations  made  from the Public Utility Fund during
 6        the preceding fiscal biennium, plus (B) the  sum  of  the
 7        credit  memoranda  then  outstanding  against  the Public
 8        Utility Fund, if any; and
 9             (3)  determine the amount, if any, by which the  sum
10        determined  as  provided  in  item (1) exceeds the amount
11        determined as provided in item (2).
12        If the amount determined as provided in item (3) of  this
13    subsection  exceeds  $5,000,000  $2,500,000,  the  Commission
14    shall  then  compute  the proportionate amount, if any, which
15    (x) the  tax  paid  hereunder  by  each  utility  during  the
16    preceding  biennium,  and (y) the amount paid into the Public
17    Utility Fund during the preceding biennium by the  Department
18    of   Revenue  pursuant  to  Sections  2-9  and  2-11  of  the
19    Electricity Excise Tax Law, bears to the  difference  between
20    the  amount  determined  as  provided  in  item  (3)  of this
21    subsection (i) and $5,000,000  $2,500,000.    The  Commission
22    shall  cause the proportionate amount determined with respect
23    to payments made under the Electricity Excise Tax Law  to  be
24    transferred  into  the  General  Revenue  Fund  in  the State
25    Treasury, and notify each public utility  that  it  may  file
26    during  the  3  month period after the date of notification a
27    claim for credit for the proportionate amount determined with
28    respect to payments made hereunder by the public utility.  If
29    the  proportionate  amount  is less than $10, no notification
30    will be sent by the Commission,  and  no  right  to  a  claim
31    exists  as  to  that  amount.  Upon the filing of a claim for
32    credit within the period provided, the Commission shall issue
33    a credit memorandum in such amount to  such  public  utility.
34    Any  claim  for credit filed after the period provided for in
 
                            -17-           LRB9201430LDcsam02
 1    this Section is void.
 2        (j)  Credit memoranda issued pursuant to  subsection  (f)
 3    and  credit  memoranda  issued  after notification and filing
 4    pursuant to subsection (i) may be  applied  for  the  2  year
 5    period  from the date of issuance, against the payment of any
 6    amount due during  that  period  under  the  tax  imposed  by
 7    subsection  (c),  or,  subject  to  reasonable  rule  of  the
 8    Commission  including  requirement  of  notification,  may be
 9    assigned to any other public utility  subject  to  regulation
10    under this Act. Any application of credit memoranda after the
11    period provided for in this Section is void.
12        (k)  The  chairman  or executive director may make refund
13    of fees, taxes or other charges whenever he  shall  determine
14    that  the  person  or  public  utility will not be liable for
15    payment of such fees, taxes or charges  during  the  next  24
16    months  and  he  determines  that  the  issuance  of a credit
17    memorandum would be unjust.
18    (Source: P.A. 90-561, eff. 8-1-98; 90-562, 12-16-97;  90-655,
19    eff. 7-30-98.)

20        (220 ILCS 5/8-101) (from Ch. 111 2/3, par. 8-101)
21        Sec.     8-101.     Duties     of    public    utilities;
22    nondiscrimination.  A Every  public  utility  shall  furnish,
23    provide,   and   maintain   such  service  instrumentalities,
24    equipment,  and  facilities  as  shall  promote  the  safety,
25    health, comfort, and convenience of its  patrons,  employees,
26    and  public  and  as  shall  be  in  all  respects  adequate,
27    efficient, just, and reasonable.
28        All  rules  and  regulations  made  by  a  public utility
29    affecting or pertaining to its  charges  or  service  to  the
30    public shall be just and reasonable.
31        A  Every  public  utility  shall, upon reasonable notice,
32    furnish  to  all  persons  who  may  apply  therefor  and  be
33    reasonably entitled thereto, suitable facilities and service,
 
                            -18-           LRB9201430LDcsam02
 1    without discrimination and without delay.
 2        Nothing in this Section shall be construed to  prevent  a
 3    public  utility  from  accepting payment electronically or by
 4    the use of a customer-preferred financially accredited credit
 5    or debit methodology.
 6    (Source: P.A. 84-617.)

 7        (220 ILCS 5/9-230) (from Ch. 111 2/3, par. 9-230)
 8        Sec. 9-230.  Rate of return; financial  involvement  with
 9    nonutility   or   unregulated  companies.  In  determining  a
10    reasonable rate of return  upon  investment  for  any  public
11    utility  in any proceeding to establish rates or charges, the
12    Commission shall not include any (i) incremental  risk,  (ii)
13    or  increased  cost  of capital, or (iii) after May 31, 2003,
14    revenue  or  expense  attributed   to   telephone   directory
15    operations,  which  is  the  direct or indirect result of the
16    public utility's affiliation with unregulated  or  nonutility
17    companies.
18    (Source: P.A. 84-617.)

19        (220 ILCS 5/10-101.1 new)
20        Sec. 10-101.1.  Mediation; arbitration; case management.
21        (a)  It  is  the  intent  of  the  General  Assembly that
22    proceedings before  the  Commission  shall  be  concluded  as
23    expeditiously as is possible consistent with the right of the
24    parties  to  the  due  process  of  law and protection of the
25    public interest. It is further  the  intent  of  the  General
26    Assembly  to  permit  and  encourage  voluntary mediation and
27    voluntary binding arbitration of disputes arising under  this
28    Act.
29        (b)  Nothing   in  this  Act  shall  prevent  parties  to
30    contested cases brought before the Commission from  resolving
31    those  cases,  or  other  disputes arising under this Act, in
32    part or in their entirety, by agreement of  all  parties,  by
 
                            -19-           LRB9201430LDcsam02
 1    compromise   and   settlement,  or  by  voluntary  mediation;
 2    provided, however, that nothing in this Section  shall  limit
 3    the Commission's authority to conduct such investigations and
 4    enter  such  orders as it shall deem necessary to enforce the
 5    provisions of  this  Act  or  otherwise  protect  the  public
 6    interest.  Evidence  of conduct or statements made by a party
 7    in  furtherance  of  voluntary  mediation  or  in  compromise
 8    negotiations is not admissible as evidence should the  matter
 9    subsequently  be  heard  by the Commission; provided, however
10    that evidence  otherwise  discoverable  is  not  excluded  or
11    deemed  inadmissible  merely  because  it is presented in the
12    course of voluntary mediation or compromise negotiations.  No
13    civil  penalty  shall  be  imposed upon parties that reach an
14    agreement  pursuant  to  the  mediation  procedures  in  this
15    Section.
16        (c)  The  Commission  shall  prescribe   by   rule   such
17    procedures  and facilities as are necessary to permit parties
18    to resolve disputes through voluntary mediation prior to  the
19    filing  of,  or  at  any  point  during,  the  pendency  of a
20    contested matter. Parties to disputes arising under this  Act
21    are  encouraged  to  submit  disputes  to  the Commission for
22    voluntary mediation, which shall  not  be  binding  upon  the
23    parties. Submission of a dispute to voluntary mediation shall
24    not  compromise  the right of any party to bring action under
25    this Act.
26        (d)  In any contested case before the Commission, at  the
27    Commission's  or hearing examiner's direction or on motion of
28    any party, a case management conference may be held  at  such
29    time  in  the  proceeding prior to evidentiary hearing as the
30    hearing examiner deems proper. Prior to the conference,  when
31    directed  to  do so, all parties shall file a case management
32    memorandum that addresses items (1) through (9)  as  directed
33    by  the  hearing  examiner.  At the conference, the following
34    shall be considered:
 
                            -20-           LRB9201430LDcsam02
 1             (1)  the identification and  simplification  of  the
 2        issues;  provided,  however,  that  the identification of
 3        issues by a party shall not  foreclose  that  party  from
 4        raising such other meritorious issues as that party might
 5        subsequently identify;
 6             (2)  amendments to the pleadings;
 7             (3)  the possibility of obtaining admissions of fact
 8        and of documents which will avoid unnecessary proof;
 9             (4)  limitations on discovery including:
10                  (A)  the  area  of  expertise and the number of
11             witnesses who  will  likely  be  called;   provided,
12             however,  that  the identification of witnesses by a
13             party shall not foreclose that party from  producing
14             such   other   witnesses   as   that   party   might
15             subsequently identify; and
16                  (B)  schedules  for responses to and completion
17             of discovery; provided, however, that such responses
18             shall under no circumstances be provided later  than
19             28 days after such discovery or requests are served,
20             unless  the  hearing  examiner  shall  order  or the
21             parties  agree  to  some  other  time   period   for
22             response;
23             (5)  the possibility of settlement and scheduling of
24        a settlement conference;
25             (6)  the   advisability   of   alternative   dispute
26        resolution  including,  but  not limited to, mediation or
27        arbitration;
28             (7)  the date on which the matter  should  be  ready
29        for  evidentiary  hearing  and the likely duration of the
30        hearing;
31             (8)  the advisability  of  holding  subsequent  case
32        management conferences; and
33             (9)  any   other   matters   that  may  aid  in  the
34        disposition of the action.
 
                            -21-           LRB9201430LDcsam02
 1        (e)  The Commission is hereby authorized, if requested by
 2    all parties to any  complaint  brought  under  this  Act,  to
 3    arbitrate  the  complaint  and to enter a binding arbitration
 4    award  disposing  of  the  complaint.  The  Commission  shall
 5    prescribe by rule procedures for arbitration.

 6        (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
 7        (Section scheduled to be repealed on July 1, 2001)
 8        Sec.  13-101.   Except  to   the   extent   modified   or
 9    supplemented  by the specific provisions of this Article, the
10    Sections of this Act pertaining to public  utilities,  public
11    utility  rates  and services, and the regulation thereof, are
12    fully    and    equally    applicable    to    noncompetitive
13    telecommunications rates and  services,  and  the  regulation
14    thereof,  except  where  the  context  clearly  renders  such
15    provisions  inapplicable.   Except  to the extent modified or
16    supplemented by the  specific  provisions  of  this  Article,
17    Articles  I  through  V, Sections 8-301, 8-501, 8-505, 9-221,
18    9-222, 9-222.1,  9-222.2,  9-250,  9-252,  and  9-252.1,  and
19    Articles  X  and  XI  of  this  Act  are  fully  and  equally
20    applicable   to   competitive  telecommunications  rates  and
21    services, and the regulation  thereof;  in  addition,  as  to
22    competitive  telecommunications  rates  and services, and the
23    regulation thereof, all  rules  and  regulations  made  by  a
24    telecommunications  carrier  affecting  or  pertaining to its
25    charges  or  service  to  the  public  shall  be   just   and
26    reasonable,  provided  that  nothing in this Section shall be
27    construed  to  prevent  a  telecommunications  carrier   from
28    accepting   payment   electronically  or  by  the  use  of  a
29    customer-preferred financially  accredited  credit  or  debit
30    methodology.  As of the effective date of this amendatory Act
31    of  the  92nd  General  Assembly,  Sections 4-202, 4-203, and
32    5-202 of this Act shall cease to apply to  telecommunications
33    rates and services.
 
                            -22-           LRB9201430LDcsam02
 1    (Source: P.A. 90-38, eff. 6-27-97.)

 2        (220 ILCS 5/13-202.5 new)
 3        Sec.  13-202.5.  Incumbent    local   exchange   carrier.
 4    "Incumbent  local exchange carrier" means, with respect to an
 5    area,    the    telecommunications  carrier    that  provided
 6    noncompetitive  local  exchange telecommunications service in
 7    that area on February 8, 1996, and on that date was deemed  a
 8    member  of  the  exchange carrier association pursuant to  47
 9    C.F.R.  69.601(b),  and includes its successors, assigns, and
10    affiliates.

11        (220 ILCS 5/13-216 new)
12        Sec. 13-216.  Network element.  "Network element" means a
13    facility  or  equipment  used   in   the   provision   of   a
14    telecommunications service.  The term also includes features,
15    functions, and capabilities that are provided by means of the
16    facility   or  equipment,  including,  but  not  limited  to,
17    subscriber  numbers,  databases,   signaling   systems,   and
18    information  sufficient for billing and collection or used in
19    the  transmission,  routing,  or   other   provision   of   a
20    telecommunications service.

21        (220 ILCS 5/13-217 new)
22        Sec.  13-217.  End  user.   "End  user" means any person,
23    corporation, partnership,  firm,  municipality,  cooperative,
24    organization,  governmental  agency, building owner, or other
25    entity provided with a telecommunications service for its own
26    consumption and not for resale.

27        (220 ILCS 5/13-218 new)
28        Sec. 13-218.  Business  end  user.  "Business  end  user"
29    means (1) an end user engaged primarily or substantially in a
30    paid commercial, professional, or institutional activity; (2)
 
                            -23-           LRB9201430LDcsam02
 1    an   end   user  provided  telecommunications  service  in  a
 2    commercial, professional, or institutional location, or other
 3    location serving primarily or substantially as a site  of  an
 4    activity  for  pay;  (3) an end user whose telecommunications
 5    service is listed as the  principal  or  only  number  for  a
 6    business in any yellow pages directory; (4) an end user whose
 7    telecommunications  service  is  used  to conduct promotions,
 8    solicitations, or market research for which  compensation  or
 9    reimbursement  is  paid  or provided; provided, however, that
10    the use of telecommunications service,  without  compensation
11    or reimbursement, for a charitable or civic purpose shall not
12    constitute business use of a telecommunications service.

13        (220 ILCS 5/13-219 new)
14        Sec.  13-219.  Residential  end  user.  "Residential  end
15    user" means an end user other than a business end user.

16        (220 ILCS 5/13-220 new)
17        Sec.  13-220.  Retail telecommunications service. "Retail
18    telecommunications  service"   means   a   telecommunications
19    service  sold  to  an  end  user.  "Retail telecommunications
20    service"  does  not  include  a  telecommunications   service
21    provided    by    a    telecommunications    carrier   to   a
22    telecommunications  carrier,  including  to  itself,   as   a
23    component  of,  or  for  the provision of, telecommunications
24    service. A business retail telecommunications  service  is  a
25    retail  telecommunications service provided to a business end
26    user.  A residential retail telecommunications service  is  a
27    retail  telecommunications  service provided to a residential
28    end user.

29        (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
30        (Section scheduled to be repealed on July 1, 2001)
31        Sec. 13-301.1.  Universal  Telephone  Service  Assistance
 
                            -24-           LRB9201430LDcsam02
 1    Program.
 2        (a)  The Commission shall by rule or regulation establish
 3    a  Universal  Telephone  Service  Assistance  Program for low
 4    income residential customers. The program shall provide for a
 5    reduction of access line charges, a reduction  of  connection
 6    charges,  or  any other alternative to increase accessibility
 7    to telephone service  that  the  Commission  deems  advisable
 8    subject  to  the  availability  of  funds  for the program as
 9    provided  in  subsection  (d)  (b).   The  Commission   shall
10    establish  eligibility  requirements  for  benefits under the
11    program.
12        (b)  The  Commission  shall  adopt  rules  providing  for
13    enhanced  enrollment  for  eligible  consumers   to   receive
14    lifeline  service.   Enhanced  enrollment may include, but is
15    not limited to, joint marketing, joint application, or  joint
16    processing   with   the  Low-Income  Home  Energy  Assistance
17    Program, the Medicaid Program, and the  Food  Stamp  program.
18    The  Department  of  Human Services, the Department of Public
19    Aid, and the Department of Commerce  and  Community  Affairs,
20    upon  request of the Commission, shall assist in the adoption
21    and implementation of those rules.  The  Commission  and  the
22    Department  of  Human Services, the Department of Public Aid,
23    and the Department of  Commerce  and  Community  Affairs  may
24    enter   into  memoranda  of  understanding  establishing  the
25    respective duties of the Commission and  the  Departments  in
26    relation to enhanced enrollment.
27        (c)  In  this  Section, "lifeline service" means a retail
28    local  service  offering  described  by  47  C.F.R.   Section
29    54.401(a), as amended.
30        (d)   (b)  The   Commission  shall  require  by  rule  or
31    regulation that  each  telecommunications  carrier  providing
32    local   exchange   telecommunications   services  notify  its
33    customers that if the customer wishes to participate  in  the
34    funding of the Universal Telephone Service Assistance Program
 
                            -25-           LRB9201430LDcsam02
 1    he may do so by electing to contribute, on a monthly basis, a
 2    fixed  amount that will be included in the customer's monthly
 3    bill.  The customer may cease contributing at any  time  upon
 4    providing  notice to the telecommunications carrier providing
 5    local exchange telecommunications services. The notice  shall
 6    state   that  any  contribution  made  will  not  reduce  the
 7    customer's bill for telecommunications services.  Failure  to
 8    remit  the  amount  of  increased  payment  will  reduce  the
 9    contribution  accordingly.   The Commission shall specify the
10    monthly fixed amount or amounts  that  customers  wishing  to
11    contribute  to the funding of the Universal Telephone Service
12    Assistance  Program  may  choose   from   in   making   their
13    contributions.   Every  telecommunications  carrier providing
14    local exchange telecommunications services  shall  remit  the
15    amounts  contributed  in  accordance  with  the  terms of the
16    Universal Telephone Service Assistance Program.
17    (Source: P.A. 87-750; 90-372, eff. 7-1-98.)

18        (220 ILCS 5/13-301.2 new)
19        Sec. 13-301.2.  Program  to  Foster  Elimination  of  the
20    Digital  Divide.  The  Commission  shall require by rule that
21    each telecommunications carrier notify its customers that  if
22    the  customer  wishes  to  participate  in the funding of the
23    Program to Foster Elimination of the Digital Divide he or she
24    may do so by electing to contribute, on a  monthly  basis,  a
25    fixed  amount that will be included in the customer's monthly
26    bill.  The customer may cease contributing at any  time  upon
27    providing  notice  to  the  telecommunications  carrier.  The
28    notice shall state that any contribution made will not reduce
29    the customer's bill for telecommunications services.  Failure
30    to  remit  the  amount  of  increased payment will reduce the
31    contribution accordingly.  The Commission shall  specify  the
32    monthly  fixed  amount  or  amounts that customers wishing to
33    contribute  to  the  funding  of  the   Program   to   Foster
 
                            -26-           LRB9201430LDcsam02
 1    Elimination  of  the Digital Divide may choose from in making
 2    their  contributions.   A  telecommunications  carrier  shall
 3    remit  the  amounts  contributed  by  its  customers  to  the
 4    Department of Commerce and Community Affairs for  deposit  in
 5    the   Digital   Divide  Elimination  Fund  at  the  intervals
 6    specified in the Commission rules.

 7        (220 ILCS 5/13-301.3 new)
 8        Sec. 13-301.3. Digital Divide Elimination  Infrastructure
 9    Program.
10        (a)  The  Digital  Divide Elimination Infrastructure Fund
11    is created as a special  fund  in  the  State  treasury.  All
12    moneys  in  the Fund shall be used, subject to appropriation,
13    by the Commission to  fund  the  construction  of  facilities
14    specified in Commission rules adopted under this Section. The
15    Commission  may  accept  private  and public funds, including
16    federal  funds,  for  deposit   into   the   Fund.   Earnings
17    attributable  to  moneys  in the Fund shall be deposited into
18    the Fund.
19        (b)  The Commission shall adopt rules under which it will
20    make grants out of funds appropriated from the Digital Divide
21    Elimination  Infrastructure  Fund  to  eligible  entities  as
22    specified in the rules for  the  construction  of  high-speed
23    data  transmission facilities in areas of the State for which
24    the incumbent local exchange carrier having the duty to serve
25    such area, and the obligation to provide advanced services to
26    such area pursuant to Section 13-517 of this Act, has  sought
27    and  obtained  an exemption from such obligation based upon a
28    Commission finding that provision of such  advanced  services
29    to  customers  in  such  area  is  either unduly economically
30    burdensome or will  impose  a  significant  adverse  economic
31    impact on users of telecommunications services generally.
32        (c)  The  rules  of  the Commission shall provide for the
33    competitive selection of recipients of grant funds  available
 
                            -27-           LRB9201430LDcsam02
 1    from  the  Digital  Divide  Elimination  Infrastructure  Fund
 2    pursuant  to  the  Illinois Procurement Code. Grants shall be
 3    awarded to bidders  chosen  on  the  basis  of  the  criteria
 4    established in such rules.
 5        (d)  All entities awarded grant moneys under this Section
 6    shall  maintain  all  records required by Commission rule for
 7    the period of time specified in the rules. Such records shall
 8    be subject  to  audit  by  the  Commission,  by  any  auditor
 9    appointed by the State, or by any State officer authorized to
10    conduct audits.

11        (220 ILCS 5/13-303 new)
12        Sec.  13-303.  Action to enforce law or orders.  Whenever
13    the Commission is of the opinion  that  a  telecommunications
14    carrier  is failing or omitting, or is about to fail or omit,
15    to do anything  required  of  it  by  law  or  by  an  order,
16    decision,  rule, regulation, direction, or requirement of the
17    Commission or is doing or permitting anything to be done,  or
18    is  about to do anything or is about to permit anything to be
19    done, contrary to  or  in  violation  of  law  or  an  order,
20    decision,  rule, regulation, direction, or requirement of the
21    Commission, the Commission shall file an action or proceeding
22    in the circuit court in and for the county in which the  case
23    or some part thereof arose or in which the telecommunications
24    carrier complained of has its principal place of business, in
25    the  name  of  the  People  of  the State of Illinois for the
26    purpose of  having  the  violation  or  threatened  violation
27    stopped  and prevented either by mandamus or injunction.  The
28    Commission may express its opinion in a resolution based upon
29    whatever factual information has come to  its  attention  and
30    may  issue  the  resolution  ex parte and without holding any
31    administrative hearing before bringing suit.  Except in cases
32    involving an imminent threat to the public health and safety,
33    no such resolution shall be adopted until 48 hours after  the
 
                            -28-           LRB9201430LDcsam02
 1    telecommunications  carrier  has been given notice of (i) the
 2    substance of the alleged violation, including citation to the
 3    law, order, decision, rule, regulation, or direction  of  the
 4    Commission  alleged  to  have been violated and (ii) the time
 5    and the date of the meeting at  which  such  resolution  will
 6    first be before the Commission for consideration.
 7        The  Commission  shall  file  the action or proceeding by
 8    complaint in the circuit  court  alleging  the  violation  or
 9    threatened   violation   complained   of   and   praying  for
10    appropriate relief by way  of  mandamus  or  injunction.   It
11    shall  be  the  duty  of  the  court  to  specify a time, not
12    exceeding 20 days after  the  service  of  the  copy  of  the
13    complaint,   within   which  the  telecommunications  carrier
14    complained of must answer the complaint, and in the  meantime
15    the telecommunications carrier may be restrained.  In case of
16    default   in   answer   or  after  answer,  the  court  shall
17    immediately inquire into the facts and circumstances  of  the
18    case.   The  telecommunications  carrier and persons that the
19    court may deem necessary or proper may be joined as  parties.
20    The  final  judgment in any action or proceeding shall either
21    dismiss the action or proceeding or grant relief by  mandamus
22    or  injunction  as  prayed  for  in the complaint, or in such
23    modified or other form as will afford appropriate  relief  in
24    the court's judgment.

25        (220 ILCS 5/13-303.5 new)
26        Sec.  13-303.5.  Injunctive relief.  If, after a hearing,
27    the Commission determines that a  telecommunications  carrier
28    has  violated  this  Act  or  a Commission order or rule, any
29    telecommunications  carrier   adversely   affected   by   the
30    violation may seek injunctive relief in circuit court.

31        (220 ILCS 5/13-304 new)
32        Sec. 13-304.  Action to recover civil penalties.
 
                            -29-           LRB9201430LDcsam02
 1        (a)  The  Commission  shall  assess and collect all civil
 2    penalties    established    under    this     Act     against
 3    telecommunications    carriers,   corporations   other   than
 4    telecommunications   carriers,   and   persons   acting    as
 5    telecommunications   carriers.   Except   for  the  penalties
 6    provided under Section 2-202, civil penalties may be assessed
 7    only after notice and opportunity  to  be  heard.   Any  such
 8    civil  penalty  may  be  compromised  by  the Commission.  In
 9    determining the amount of the civil penalty to  be  assessed,
10    or  the  amount  of  the civil penalty to be compromised, the
11    Commission is authorized to consider any matters of record in
12    aggravation or mitigation of the penalty, including  but  not
13    limited to the following:
14             (1)  the  duration  and  gravity of the violation of
15        the Act, the rules, or the order of the Commission;
16             (2)  the presence or absence of due diligence on the
17        part of the violator in attempting either to comply  with
18        requirements  of  the Act, the rules, or the order of the
19        Commission,  or  to  secure  lawful  relief  from   those
20        requirements;
21             (3)  any  economic  benefits accrued by the violator
22        because of the delay in compliance with  requirements  of
23        the Act, the rules, or the order of the Commission; and
24             (4)  the  amount of monetary penalty that will serve
25        to deter  further  violations  by  the  violator  and  to
26        otherwise  aid in enhancing voluntary compliance with the
27        Act, the rules, or the order of  the  Commission  by  the
28        violator and other persons similarly subject to the Act.
29        (b)  If timely judicial review of a Commission order that
30    imposes  a  civil  penalty  is  taken by a telecommunications
31    carrier,  a  corporation  other  than  a   telecommunications
32    carrier,  or  a person acting as a telecommunications carrier
33    on whom or on which the civil penalty has been  imposed,  the
34    reviewing  court  shall  enter a judgment on all amounts upon
 
                            -30-           LRB9201430LDcsam02
 1    affirmance of  the  Commission  order.   If  timely  judicial
 2    review  is not taken and the civil penalty remains unpaid for
 3    60 days after service of the order,  the  Commission  in  its
 4    discretion  may  either begin revocation proceedings or bring
 5    suit to recover the penalties.  Unless stayed by a  reviewing
 6    court, interest shall accrue from the 60th day after the date
 7    of  service  of the Commission order to the date full payment
 8    is received by the Commission.
 9        (c)  Actions to recover delinquent civil penalties  under
10    this  Section  shall  be brought in the name of the People of
11    the State of Illinois in the circuit court  in  and  for  the
12    county in which the cause, or some part thereof, arose, or in
13    which  the  entity complained of resides. The action shall be
14    commenced  and  prosecuted  to   final   judgement   by   the
15    Commission.   In any such action, all interest incurred up to
16    the time of final court judgment may  be  recovered  in  that
17    action.   In  all  such  actions,  the procedure and rules of
18    evidence shall be the same  as  in  ordinary  civil  actions,
19    except  as otherwise herein provided.  Any such action may be
20    compromised or discontinued on application of the  Commission
21    upon such terms as the court shall approve and order.
22        (d)  Civil  penalties  related  to  the  late  filing  of
23    reports, taxes, or other filings shall be paid into the State
24    treasury to the credit of the Public Utility Fund.  Except as
25    otherwise  provided  in  this  Act, all other fines and civil
26    penalties shall be paid into the State treasury to the credit
27    of the General Revenue Fund.

28        (220 ILCS 5/13-305 new)
29        Sec.   13-305.    Amount    of    civil    penalty.     A
30    telecommunications  carrier,  any  corporation  other  than a
31    telecommunications  carrier,  or  any  person  acting  as   a
32    telecommunications  carrier  that violates or fails to comply
33    with any provisions of  this  Act  or  that  fails  to  obey,
 
                            -31-           LRB9201430LDcsam02
 1    observe,   or   comply   with   any  order,  decision,  rule,
 2    regulation,  direction,  or  requirement,  or  any  part   or
 3    provision  thereof,  of  the Commission, made or issued under
 4    authority of this Act, in a case in which a civil penalty  is
 5    not otherwise provided for in this Act, but excepting Section
 6    5-202 of the Act, shall be subject to a civil penalty imposed
 7    in  the  manner  provided  in  Section 13-304 of no more than
 8    $30,000 or 0.00825% of the carrier's gross intrastate  annual
 9    telecommunications  revenue,  whichever  is greater, for each
10    offense unless the violator has fewer than 35,000  subscriber
11    access  lines, in which case the civil penalty may not exceed
12    $2,000 for each offense.
13        A telecommunications carrier  subject  to  administrative
14    penalties  resulting  from a final Commission order approving
15    an intercorporate transaction  entered  pursuant  to  Section
16    7-204  of  this  Act shall be subject to penalties under this
17    Section imposed for the same conduct only to the extent  that
18    such  penalties  exceed those imposed by the final Commission
19    order.
20        Every violation of the provisions of this Act or  of  any
21    order,  decision, rule, regulation, direction, or requirement
22    of the Commission, or any part or provision thereof,  by  any
23    corporation  or  person,  is a separate and distinct offense.
24    Penalties under this Section shall attach and begin to accrue
25    from the day after the date upon which the Commission  enters
26    an  order  determining  that  the  corporation  or person has
27    violated or is in violation of  the  order,  decision,  rule,
28    regulation,  direction,  or requirement of the Commission, or
29    part or provision thereof; or upon the  day  after  the  date
30    upon  which  the  Commission  enters  an  order directing the
31    corporation or person to cease and desist from violating  the
32    order,  decision, rule, regulation, direction, or requirement
33    of the Commission, or part or provision thereof; whichever is
34    the earlier. In case of a continuing  violation,  each  day's
 
                            -32-           LRB9201430LDcsam02
 1    continuance thereof shall be a separate and distinct offense.
 2        In  construing  and  enforcing the provisions of this Act
 3    relating to penalties, the act, omission, or failure  of  any
 4    officer, agent, or employee of any telecommunications carrier
 5    or of any person acting within the scope of his or her duties
 6    or  employment  shall  in every case be deemed to be the act,
 7    omission, or failure of such  telecommunications  carrier  or
 8    person.
 9        If  the  party  who has violated or failed to comply with
10    this Act or an order, decision, rule, regulation,  direction,
11    or  requirement  of  the Commission, or any part or provision
12    thereof, fails to seek timely  review  pursuant  to  Sections
13    10-113  and  10-201  of  this  Act,  the  party  shall,  upon
14    expiration  of  the  statutory  time limit, be subject to the
15    civil penalty provision of this Section.
16        Twenty percent of all moneys collected under this Section
17    shall be deposited into the Digital Divide  Elimination  Fund
18    and  20%  of all moneys collected under this Section shall be
19    deposited into the Digital Divide Elimination  Infrastructure
20    Fund.

21        (220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407)
22        (Section scheduled to be repealed on July 1, 2001)
23        Sec. 13-407. Commission study and report.  The Commission
24    shall  monitor  and  analyze  patterns of entry and exit, and
25    changes in patterns of applications for entry and  exit,  for
26    each   relevant   market   for  telecommunications  services,
27    including emerging high speed telecommunications markets, and
28    shall  include  its  findings   together   with   appropriate
29    recommendations  for  legislative action in its annual report
30    to the General Assembly.
31        The Commission shall also monitor and analyze the  status
32    of  deployment  of  services  to consumers, and any resulting
33    "digital divisions" between consumers, including any  changes
 
                            -33-           LRB9201430LDcsam02
 1    or trends therein.  The Commission shall include its findings
 2    together  with  appropriate  recommendations  for legislative
 3    action in its annual report  to  the  General  Assembly.   In
 4    preparing   this   analysis  the  Commission  shall  evaluate
 5    information  provided  by  telecommunications  carriers  that
 6    pertains to the state of  competition  in  telecommunications
 7    markets including, but not limited to:
 8             (1)  the   number   and   type  of  firms  providing
 9        telecommunications    services,    including    broadband
10        telecommunications services, within the State;
11             (2)  the  telecommunications  services  offered   by
12        these firms to both retail and wholesale customers;
13             (3)  the   extent   to  which  customers  and  other
14        providers are purchasing  the  firms'  telecommunications
15        services;
16             (4)  the  technologies  or  methods  by  which these
17        firms provide these services, including  descriptions  of
18        technologies  in  place  and  under  development, and the
19        degree to which firms rely on other  wholesale  providers
20        to provide service to their own customers; and
21             (5)  the  tariffed  retail  and wholesale prices for
22        services provided by these firms.
23        The Commission shall at a minimum assess the  variability
24    in   this   information  according  to  geography,  examining
25    variability by exchange, wirecenter,  or  zip  code,  and  by
26    customer  class,  examining,  at  a  minimum, the variability
27    between residential and small,  medium,  and  large  business
28    customers.     The  Commission  shall  provide an analysis of
29    market trends  by  collecting  this  information  from  firms
30    providing  telecommunications  services within the State. The
31    Commission shall also collect all information,  in  a  format
32    determined  by  the  Commission,  that  the  Commission deems
33    necessary  to  assist  in  monitoring   and   analyzing   the
34    telecommunications markets and  the status of competition and
 
                            -34-           LRB9201430LDcsam02
 1    deployment of telecommunications services to consumers in the
 2    State.
 3    (Source: P.A. 84-1063.)

 4        (220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501)
 5        (Section scheduled to be repealed on July 1, 2001)
 6        Sec. 13-501.  Tariff; filing.
 7        (a) No  telecommunications carrier shall offer or provide
 8    telecommunications service unless and until a tariff is filed
 9    with  the  Commission  which  describes  the  nature  of  the
10    service,  applicable  rates  and  other  charges,  terms  and
11    conditions of service, and the exchange, exchanges  or  other
12    geographical  area  or   areas  in which the service shall be
13    offered or provided.  The Commission may prescribe  the  form
14    of  such  tariff and any additional data or information which
15    shall be included therein.
16        (b)  After a  hearing, the Commission has the  discretion
17    to   impose   an   interim   or   permanent   tariff   on   a
18    telecommunications  carrier as part of the order in the case.
19    When a tariff is imposed as part of the order in a case,  the
20    tariff  shall  remain  in  full  force  and  effect  until  a
21    compliance  tariff,  or  superseding  tariff, is filed by the
22    telecommunications carrier and, after notice to  the  parties
23    in  the case and after a compliance hearing is held, is found
24    by the Commission to be in compliance with  the  Commission's
25    order.
26    (Source: P.A. 84-1063.)

27        (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
28        (Section scheduled to be repealed on July 1, 2001)
29        Sec. 13-502.  Classification of services.
30        (a)  All  telecommunications services offered or provided
31    under  tariff  by  telecommunications   carriers   shall   be
32    classified   as  either  competitive  or  noncompetitive.   A
 
                            -35-           LRB9201430LDcsam02
 1    telecommunications  carrier  may  offer  or  provide   either
 2    competitive or noncompetitive telecommunications services, or
 3    both,  subject  to  proper certification and other applicable
 4    provisions of  this  Article.   Any  tariff  filed  with  the
 5    Commission  as  required  by  Section  13-501  shall indicate
 6    whether the service to be offered or provided is  competitive
 7    or noncompetitive.
 8        (b)  A  service  shall  be classified as competitive only
 9    if, and only to the extent that, for some identifiable  class
10    or  group of customers in an exchange, group of exchanges, or
11    some other clearly defined geographical area,  such  service,
12    or  its  functional  equivalent,  or a substitute service, is
13    reasonably available from more than one provider, whether  or
14    not any such provider is a telecommunications carrier subject
15    to regulation under this Act. All telecommunications services
16    not properly classified as competitive shall be classified as
17    noncompetitive.  The  Commission  shall  have  the  power  to
18    investigate   the   propriety  of  any  classification  of  a
19    telecommunications  service  on  its  own  motion  and  shall
20    investigate upon complaint.  In any hearing or investigation,
21    the burden of proof as to the proper  classification  of  any
22    service   shall  rest  upon  the  telecommunications  carrier
23    providing  the  service.   After  notice  and  hearing,   the
24    Commission  shall  order  the  proper  classification  of any
25    service in whole or in part.  The Commission shall  make  its
26    determination  and  issue  its  final order no later than 180
27    days  from  the  date  such  hearing  or   investigation   is
28    initiated.  If  the  Commission  enters  into  a hearing upon
29    complaint and if the  Commission  fails  to  issue  an  order
30    within  that  period,  the  complaint shall be deemed granted
31    unless   the   Commission,   the   complainant,    and    the
32    telecommunications  carrier  providing  the  service agree to
33    extend the time period.
34        (c)  In  determining  whether   a   service   should   be
 
                            -36-           LRB9201430LDcsam02
 1    reclassified  as  competitive,  the  Commission  shall,  at a
 2    minimum, consider the following factors:
 3             (1)  the number, size, and  geographic  distribution
 4        of other providers of the service;
 5             (2)  the  availability  of  functionally  equivalent
 6        services  in the relevant geographic area and the ability
 7        of  telecommunications carriers or other persons to  make
 8        the  same,  equivalent,  or substitutable service readily
 9        available in the relevant  market  at  comparable  rates,
10        terms, and conditions;
11             (3)  the  existence  of  economic, technological, or
12        any other barriers to  entry  into,  or  exit  from,  the
13        relevant market;
14             (4)  the  extent  to  which other telecommunications
15        companies  must  rely  upon  the   service   of   another
16        telecommunications  carrier to provide telecommunications
17        service; and
18             (5)  any other factors that may  affect  competition
19        and   the  public  interest  that  the  Commission  deems
20        appropriate.
21        (d)  No  tariff  classifying  a  new   telecommunications
22    service   as   competitive   or  reclassifying  a  previously
23    noncompetitive  telecommunications  service  as  competitive,
24    which is filed by a  telecommunications  carrier  which  also
25    offers or provides noncompetitive telecommunications service,
26    shall  be  effective unless and until such telecommunications
27    carrier  offering  or  providing,  or  seeking  to  offer  or
28    provide, such proposed competitive service prepares and files
29    a study of the long-run service incremental  cost  underlying
30    such  service  and  demonstrates  that the tariffed rates and
31    charges for the service and any relevant  group  of  services
32    that  includes the proposed competitive service and for which
33    resources are used in common solely by that group of services
34    are not less than the long-run service  incremental  cost  of
 
                            -37-           LRB9201430LDcsam02
 1    providing  the  service  and each relevant group of services.
 2    Such study  shall  be  given  proprietary  treatment  by  the
 3    Commission  at  the  request  of  such  carrier  if any other
 4    provider  of  the   competitive   service,   its   functional
 5    equivalent,  or a substitute service in the geographical area
 6    described by the proposed tariff has not filed,  or  has  not
 7    been required to file, such a study.
 8        (e) (d)  In  the event any telecommunications service has
 9    been   classified   and   filed   as   competitive   by   the
10    telecommunications carrier, and has been offered or  provided
11    on  such  basis,  and  the Commission subsequently determines
12    after  investigation  that  such  classification   improperly
13    included  services  which  were  in  fact noncompetitive, the
14    Commission shall  have  the  power  to  determine  and  order
15    refunds  to  customers  for  any  overcharges  which may have
16    resulted from the improper classification, or to  order  such
17    other  remedies  provided to it under this Act, or to seek an
18    appropriate  remedy  or  relief  in  a  court  of   competent
19    jurisdiction.
20        (f) (e)  If  no  hearing  or  investigation regarding the
21    propriety   of   a   competitive    classification    of    a
22    telecommunications service is initiated within 180 days after
23    a  telecommunications  carrier  files  a  tariff listing such
24    telecommunications service  as  competitive,  no  refunds  to
25    customers  for  any  overcharges  which  may  result  from an
26    improper classification shall be ordered for the period  from
27    the  time  the  telecommunications  carrier filed such tariff
28    listing  the  service  as  competitive  up  to  the  time  an
29    investigation of the service classification is  initiated  by
30    the  Commission's  own  motion  or the filing of a complaint.
31    Where a hearing or an investigation regarding  the  propriety
32    of a telecommunications service classification as competitive
33    is  initiated  after  180 days from the filing of the tariff,
34    the period subject  to  refund  for  improper  classification
 
                            -38-           LRB9201430LDcsam02
 1    shall  begin  on  the  date  such investigation or hearing is
 2    initiated  by  the  filing  of  a  Commission  motion  or   a
 3    complaint.
 4    (Source: P.A. 90-185, eff. 7-23-97.)

 5        (220 ILCS 5/13-502.5 new)
 6        Sec.   13-502.5.   Services   alleged  to  be  improperly
 7    classified.
 8        (a)  Any  action  or  proceeding   pending   before   the
 9    Commission  upon the effective date of this amendatory Act of
10    the 92nd General Assembly in  which  it  is  alleged  that  a
11    telecommunications carrier has improperly classified services
12    provided  to  end  users  as  competitive shall be abated and
13    shall not be maintained or continued.
14        (b)  All retail telecommunications services  provided  to
15    business end users by any telecommunications carrier subject,
16    as  of  May  1,  2001,  to  alternative  regulation  under an
17    alternative regulation plan pursuant to Section  13-506.1  of
18    this  Act  shall  be  classified  as  competitive  as  of the
19    effective date of this amendatory Act  of  the  92nd  General
20    Assembly  without further Commission review. Rates for retail
21    telecommunications services provided to  business  end  users
22    with  4  or fewer access lines shall not exceed the rates the
23    carrier charged for those  services  on  May  1,  2001.  This
24    restriction  upon  the  rates  of  retail  telecommunications
25    services provided to business end users shall remain in force
26    and  effect  through  July  1,  2005; provided, however, that
27    nothing in  this  Section  shall  be  construed  to  prohibit
28    reduction of those rates. Rates for retail telecommunications
29    services provided to business end users with 5 or more access
30    lines  shall  not be subject to the restrictions set forth in
31    this subsection.
32        (c)  All retail vertical  services,  as  defined  herein,
33    that are provided by a telecommunications carrier subject, as
 
                            -39-           LRB9201430LDcsam02
 1    of   May   1,   2001,  to  alternative  regulation  under  an
 2    alternative regulation plan pursuant to Section  13-506.1  of
 3    this  Act  shall  be  classified as competitive as of June 1,
 4    2003  without  further  Commission  review.  Retail  vertical
 5    services  shall  include,  for  purposes  of  this   Section,
 6    services  available on a subscriber's telephone line that the
 7    subscriber pays for on a periodic or per use basis, but shall
 8    not include caller identification and call waiting.
 9        (d)  Any  action  or  proceeding   pending   before   the
10    Commission  upon the effective date of this amendatory Act of
11    the 92nd General Assembly, in which  it  is  alleged  that  a
12    telecommunications carrier has improperly classified services
13    as  competitive,  shall  be  abated,  and  the  services  the
14    classification  of  which  is at issue shall be deemed either
15    competitive or noncompetitive as set forth in  this  Section.
16    Any  telecommunications  carrier  subject  to  an  action  or
17    proceeding in which it is alleged that the telecommunications
18    carrier  has  improperly  classified  services as competitive
19    shall be deemed liable to refund, and shall refund,  the  sum
20    of  $90,000,000  to  that  class  or  those  classes  of  its
21    customers  that  were alleged to have paid rates in excess of
22    noncompetitive rates as the result of  the  alleged  improper
23    classification. The telecommunications carrier shall make the
24    refund  no  later  than  120 days after the effective date of
25    this amendatory Act of the 92nd General Assembly.
26        (e)  Any telecommunications carrier subject to an  action
27    or   proceeding   in   which   it   is   alleged   that   the
28    telecommunications carrier has improperly classified services
29    as  competitive  shall also pay the sum of $15,000,000 to the
30    Digital  Divide  Elimination  Fund  established  pursuant  to
31    Section 5-20 of the Eliminate the  Digital  Divide  Law,  and
32    shall  further  pay  the  sum  of  $15,000,000 to the Digital
33    Divide Elimination Infrastructure Fund  established  pursuant
34    to  Section  13-301.3  of  this  Act.  The telecommunications
 
                            -40-           LRB9201430LDcsam02
 1    carrier shall make each of these payments in  3  installments
 2    of  $5,000,000,  payable  on  July 1 of 2002, 2003, and 2004.
 3    The  telecommunications  carrier  shall   have   no   further
 4    accounting  for  these  payments, which shall be used for the
 5    purposes established in the Eliminate the Digital Divide Law.
 6        (f)  Any telecommunications carrier subject to any action
 7    or proceeding pending before the Commission on the  effective
 8    date  of  this amendatory Act of the 92nd General Assembly in
 9    which it is alleged that the telecommunications  carrier  has
10    improperly classified services as competitive shall, upon the
11    abatement of any and all such pending actions pursuant to the
12    provisions  of  this  Section  13-505.2,  commit to invest an
13    additional $1,000,000,000 in its  network  infrastructure  in
14    Illinois  between January 1, 2000 and June 30, 2005, over and
15    above any existing investment  commitment  contained  in  any
16    merger  order heretofore entered pursuant to Section 7-204 of
17    the Public Utilities Act.
18        (g)  All other services shall be classified  pursuant  to
19    Section 13-502 of this Act.

20        (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
21        (Section scheduled to be repealed on July 1, 2001)
22        Sec.  13-509.  Agreements  for  provisions of competitive
23    telecommunications  services  differing   from   tariffs.   A
24    telecommunications  carrier  may  negotiate with customers or
25    prospective     customers     to     provide      competitive
26    telecommunications  service,  and  in  so doing, may offer or
27    agree to provide such service on  such  terms  and  for  such
28    rates  or  charges  as  are reasonable, without regard to any
29    tariffs it may have filed with the Commission with respect to
30    such services.  Within 30 10 business  days  after  executing
31    any such agreement, the telecommunications carrier shall file
32    any contract or memorandum of understanding for the provision
33    of  telecommunications service, which shall include the rates
 
                            -41-           LRB9201430LDcsam02
 1    or other charges, practices, rules or regulations  applicable
 2    to  the  agreed  provision of such service.  Any cost support
 3    required to be filed with the agreement by some other Section
 4    of this Act shall be filed within 30 business  calendar  days
 5    after  executing  any  such  agreement.   Where the agreement
 6    contains the  same  rates,  charges,  practices,  rules,  and
 7    regulations  found in a single contract or memorandum already
 8    filed by the telecommunications carrier with the  Commission,
 9    instead   of   filing   the   contract   or  memorandum,  the
10    telecommunications  carrier  may  elect  to  file  a   letter
11    identifying  the  new  agreement and specifically referencing
12    the  contract  or  memorandum  already  on  file   with   the
13    Commission  which  contains  the  same  provisions.  A single
14    letter may be used to file more than one new agreement.  Upon
15    filing   its   contract   or   memorandum,   or  letter,  the
16    telecommunications carrier shall thereafter  provide  service
17    according  to the terms thereof, unless the Commission finds,
18    after notice and hearing, that  the  continued  provision  of
19    service   pursuant  to  such  contract  or  memorandum  would
20    substantially and adversely affect the financial integrity of
21    the telecommunications carrier or  would  violate  any  other
22    provision of this Act.
23        Any   contract  or  memorandum  entered  into  and  filed
24    pursuant to the  provisions  of  this  Section  may,  in  the
25    Commission's discretion, be accorded proprietary treatment.
26    (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.)

27        (220 ILCS 5/13-514)
28        (Section scheduled to be repealed on July 1, 2001)
29        Sec.  13-514.  Prohibited  Actions  of Telecommunications
30    Carriers.  A telecommunications carrier shall  not  knowingly
31    impede    the    development    of    competition    in   any
32    telecommunications service market.  The following  prohibited
33    actions  are considered per se impediments to the development
 
                            -42-           LRB9201430LDcsam02
 1    of competition; however, the Commission is not limited in any
 2    manner to these enumerated impediments and may consider other
 3    actions which impede competition to be prohibited:
 4        (1)  unreasonably refusing or  delaying  interconnections
 5    or  collocation  or providing inferior connections to another
 6    telecommunications carrier;
 7        (2)  unreasonably  impairing  the  speed,   quality,   or
 8    efficiency  of  services  used  by another telecommunications
 9    carrier;
10        (3)  unreasonably denying a request of  another  provider
11    for  information regarding the technical design and features,
12    geographic coverage, information necessary for the design  of
13    equipment,   and  traffic  capabilities of the local exchange
14    network  except  for  proprietary  information  unless   such
15    information   is   subject  to  a  proprietary  agreement  or
16    protective order;
17        (4)  unreasonably delaying access in  connecting  another
18    telecommunications  carrier  to  the  local  exchange network
19    whose product or service requires novel or specialized access
20    requirements;
21        (5)  unreasonably refusing  or  delaying  access  by  any
22    person to another telecommunications carrier;
23        (6)  unreasonably  acting  or  failing to act in a manner
24    that has a substantial  adverse  effect  on  the  ability  of
25    another  telecommunications carrier to provide service to its
26    customers;
27        (7)  unreasonably failing to offer services to  customers
28    in  a  local  exchange, where a telecommunications carrier is
29    certificated to provide  service  and  has  entered  into  an
30    interconnection agreement for the provision of local exchange
31    telecommunications  services,  with  the  intent  to delay or
32    impede  the  ability  of   the   incumbent   local   exchange
33    telecommunications     carrier    to    provide    inter-LATA
34    telecommunications services; and
 
                            -43-           LRB9201430LDcsam02
 1        (8)  violating the  terms  of  or  unreasonably  delaying
 2    implementation  of  an interconnection agreement entered into
 3    pursuant to Section 252 of the federal Telecommunications Act
 4    of 1996 in a manner that unreasonably delays,  increases  the
 5    cost,  or  impedes  the  availability  of  telecommunications
 6    services to consumers;.
 7        (9)  unreasonably  refusing  or  delaying  access  to  or
 8    provision   of   operation   support   systems   to   another
 9    telecommunications  carrier  or  providing inferior operation
10    support systems to another telecommunications carrier;
11        (10)  unreasonably failing to offer network elements that
12    the Commission or the Federal Communications  Commission  has
13    determined  must  be offered on an unbundled basis to another
14    telecommunications carrier in a manner  consistent  with  the
15    Commission's or Federal Communications Commission's orders or
16    rules requiring such offerings;
17        (11)  violating the obligations of Section 13-801; and
18        (12)  violating  an  order  of  the  Commission involving
19    telecommunications carriers.
20    (Source: P.A. 90-185, eff. 7-23-97.)

21        (220 ILCS 5/13-515)
22        (Section scheduled to be repealed on July 1, 2001)
23        Sec. 13-515.  Enforcement.
24        (a)  The following expedited procedures shall be used  to
25    enforce  the  provisions of Section 13-514 of this Act except
26    as provided in subsection (b).  However, the Commission,  the
27    complainant,  and the respondent may mutually agree to adjust
28    the  procedures  established  in  this   Section.    If   the
29    Commission  determines,  pursuant to subsection (b), that the
30    procedural provisions of  this  Section  do  not  apply,  the
31    complaint  shall  continue  pursuant to the general complaint
32    provisions of Article X.
33        (b)  (Blank). The provisions of this  Section  shall  not
 
                            -44-           LRB9201430LDcsam02
 1    apply  to an allegation of a violation of item (8) of Section
 2    13-514 by a Bell operating company, as defined in  Section  3
 3    of  the  federal  Telecommunications  Act of 1996, unless and
 4    until such company or its affiliate is authorized to  provide
 5    inter-LATA  services  under  Section  271(d)  of  the federal
 6    Telecommunications Act of 1996;  provided,  however,  that  a
 7    complaint  setting  forth  a separate independent basis for a
 8    violation of Section 13-514 may proceed  under  this  Section
 9    notwithstanding  that  the alleged acts or omissions may also
10    constitute a violation of item (8) of Section 13-514.
11        (c)  No complaint may be filed under this  Section  until
12    the  complainant  has  first  notified  the respondent of the
13    alleged violation and offered  the  respondent  48  hours  to
14    correct   the   situation.    Provision  of  notice  and  the
15    opportunity to correct the  situation  creates  a  rebuttable
16    presumption  of  knowledge  under  Section  13-514. After the
17    filing of a complaint under this  Section,  the  parties  may
18    agree  to follow the mediation process under Section 10-101.1
19    of this Act.   The  time  periods  specified  in  subdivision
20    (d)(7)  of this Section shall be tolled during the time spent
21    in mediation under Section 10-101.1.
22        (d)  A telecommunications carrier may  file  a  complaint
23    with the Commission alleging a violation of Section 13-514 in
24    accordance with this subsection:
25             (1)  The  complaint  shall  be  filed with the Chief
26        Clerk of the Commission and shall be served in hand  upon
27        the  respondent,  the executive director, and the general
28        counsel of the Commission at the time of the filing.
29             (2)  A complaint filed under this  subsection  shall
30        include  a  statement that the requirements of subsection
31        (c) have been fulfilled and that the respondent  did  not
32        correct the situation as requested.
33             (3)  Reasonable  discovery  specific to the issue of
34        the complaint may commence upon filing of the complaint.
 
                            -45-           LRB9201430LDcsam02
 1        Requests  for  discovery  must  be  served  in  hand  and
 2        responses to discovery must be provided in  hand  to  the
 3        requester within 14 days after a request for discovery is
 4        made.
 5             (4)  An  answer and any other responsive pleading to
 6        the complaint shall be  filed  with  the  Commission  and
 7        served in hand at the same time upon the complainant, the
 8        executive  director,  and  the  general  counsel  of  the
 9        Commission  within  7  days  after  the date on which the
10        complaint is filed.
11             (5)  If the answer or responsive pleading raises the
12        issue that the complaint violates subsection (i) of  this
13        Section,  the  complainant  may  file  a  reply  to  such
14        allegation  within  3  days  after actual service of such
15        answer or responsive pleading.  Within 4 days  after  the
16        time  for filing a reply has expired, the hearing officer
17        or arbitrator  shall  either  issue  a  written  decision
18        dismissing  the  complaint  as  frivolous in violation of
19        subsection (i) of this Section including the reasons  for
20        such  disposition  or shall issue an order directing that
21        the complaint shall proceed.
22             (6)  A pre-hearing conference shall be  held  within
23        14 days after the date on which the complaint is filed.
24             (7)  The  hearing  shall  commence within 30 days of
25        the date on which the complaint is  filed.   The  hearing
26        may   be  conducted  by  a  hearing  examiner  or  by  an
27        arbitrator.  Parties and the Commission  staff  shall  be
28        entitled  to  present evidence and legal argument in oral
29        or written form as  deemed  appropriate  by  the  hearing
30        examiner   or   arbitrator.   The   hearing  examiner  or
31        arbitrator shall issue a written decision within 60  days
32        after  the  date  on  which  the complaint is filed.  The
33        decision shall include reasons for the disposition of the
34        complaint and, if a violation of Section 13-514 is found,
 
                            -46-           LRB9201430LDcsam02
 1        directions  and  a  deadline  for   correction   of   the
 2        violation.
 3             (8)  Any  party  may  file a petition requesting the
 4        Commission to review the decision of the hearing examiner
 5        or arbitrator within 5 days of such decision.  Any  party
 6        may  file  a  response  to a petition for review within 3
 7        business days  after  actual  service  of  the  petition.
 8        After the time for filing of the petition for review, but
 9        no  later  than 15 days after the decision of the hearing
10        examiner or arbitrator, the Commission  shall  decide  to
11        adopt  the decision of the hearing examiner or arbitrator
12        or shall issue its own final order.
13        (e)  If the alleged violation has a  substantial  adverse
14    effect  on  the ability of the complainant to provide service
15    to customers, the complainant may include in its complaint  a
16    request  for  an order for emergency relief.  The Commission,
17    acting through its designated hearing examiner or arbitrator,
18    shall act upon such a request within 2 business days  of  the
19    filing  of  the complaint.  An order for emergency relief may
20    be granted, without an evidentiary hearing, upon  a  verified
21    factual  showing  that  the  party seeking relief will likely
22    succeed on the merits, that the party will suffer irreparable
23    harm in its ability to serve customers if emergency relief is
24    not granted, and that the order is in  the  public  interest.
25    An  order  for  emergency relief shall include a finding that
26    the requirements of this subsection have been  fulfilled  and
27    shall  specify  the  directives that must be fulfilled by the
28    respondent and deadlines for meeting those  directives.   The
29    decision  of  the  hearing examiner or arbitrator to grant or
30    deny emergency relief shall be considered  an  order  of  the
31    Commission  unless the Commission enters its own order within
32    2 calendar days of the decision of the  hearing  examiner  or
33    arbitrator.   The  order for emergency relief may require the
34    responding party to act or  refrain  from  acting  so  as  to
 
                            -47-           LRB9201430LDcsam02
 1    protect  the  provision  of  competitive service offerings to
 2    customers.  Any action required by an emergency relief  order
 3    must  be technically feasible and economically reasonable and
 4    the respondent must be given a reasonable period of  time  to
 5    comply with the order.
 6        (f)  The  Commission  is  authorized  to  obtain  outside
 7    resources  including,  but  not  limited  to, arbitrators and
 8    consultants for the purposes of the  hearings  authorized  by
 9    this  Section.   Any arbitrator or consultant obtained by the
10    Commission shall be approved by both parties to the  hearing.
11    The cost of such outside resources including, but not limited
12    to,  arbitrators  and  consultants  shall  be  borne  by  the
13    parties.    The   Commission   shall   review  the  bill  for
14    reasonableness and assess the parties  for  reasonable  costs
15    dividing  the  costs  according  to  the  resolution  of  the
16    complaint  brought  under  this Section.  Such costs shall be
17    paid by the parties directly to the arbitrators, consultants,
18    and other providers of outside resources within 60 days after
19    receiving notice of  the  assessments  from  the  Commission.
20    Interest  at the statutory rate shall accrue after expiration
21    of  the  60-day   period.    The   Commission,   arbitrators,
22    consultants,  or  other  providers  of  outside resources may
23    apply to a court  of  competent  jurisdiction  for  an  order
24    requiring payment.
25        (g)  The  Commission  shall assess the parties under this
26    subsection for all of the Commission's costs of investigation
27    and conduct of the proceedings  brought  under  this  Section
28    including,  but  not  limited  to,  the  prorated salaries of
29    staff, attorneys, hearing examiners,  and  support  personnel
30    and  including any travel and per diem, directly attributable
31    to the  complaint  brought  pursuant  to  this  Section,  but
32    excluding   those  costs  provided  for  in  subsection  (f),
33    dividing  the  costs  according  to  the  resolution  of  the
34    complaint brought under this Section.  All  assessments  made
 
                            -48-           LRB9201430LDcsam02
 1    under  this  subsection shall be paid into the Public Utility
 2    Fund within 60 days after receiving notice of the assessments
 3    from the Commission.  Interest at the  statutory  rate  shall
 4    accrue  after  the  expiration  of  the  60  day period.  The
 5    Commission is authorized to apply to  a  court  of  competent
 6    jurisdiction for an order requiring payment.
 7        (h)  If  the  Commission  determines  that  there  is  an
 8    imminent threat to competition or to the public interest, the
 9    Commission  may,  notwithstanding any other provision of this
10    Act, seek temporary,  preliminary,  or  permanent  injunctive
11    relief from a court of competent jurisdiction either prior to
12    or after the hearing.
13        (i)  A  party  shall  not  bring  or  defend a proceeding
14    brought under this Section or assert or controvert  an  issue
15    in a proceeding brought under this Section, unless there is a
16    non-frivolous  basis for doing so.  By presenting a pleading,
17    written motion, or other paper in complaint or defense of the
18    actions or inaction of a party under this Section, a party is
19    certifying to the Commission that to the best of that party's
20    knowledge, information, and belief, formed after a reasonable
21    inquiry of the subject matter of the  complaint  or  defense,
22    that  the  complaint  or  defense is well grounded in law and
23    fact, and under the circumstances:
24             (1)  it is not being presented to harass  the  other
25        party,  cause  unnecessary  delay  in  the  provision  of
26        competitive  telecommunications services to consumers, or
27        create needless increases in the cost of litigation; and
28             (2)  the allegations and other  factual  contentions
29        have   evidentiary   support   or,   if  specifically  so
30        identified, are likely to have evidentiary support  after
31        reasonable   opportunity  for  further  investigation  or
32        discovery as defined herein.
33        (j)  If, after notice and  a  reasonable  opportunity  to
34    respond,  the  Commission  determines that subsection (i) has
 
                            -49-           LRB9201430LDcsam02
 1    been  violated,  the  Commission  shall  impose   appropriate
 2    sanctions  upon  the  party  or  parties  that  have violated
 3    subsection (i) or are responsible  for  the  violation.   The
 4    sanctions  shall  be  not  more than $30,000 $7,500, plus the
 5    amount of expenses accrued by the Commission  for  conducting
 6    the   hearing.   Payment  of  sanctions  imposed  under  this
 7    subsection shall be made to the Common School Fund within  30
 8    days of imposition of such sanctions.
 9        (k)  An  appeal  of  a  Commission Order made pursuant to
10    this Section shall not effectuate a stay of the Order  unless
11    a court of competent jurisdiction specifically finds that the
12    party  seeking  the  stay  will likely succeed on the merits,
13    that the party will suffer irreparable harm without the stay,
14    and that the stay is in the public interest.
15    (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.)

16        (220 ILCS 5/13-516)
17        (Section scheduled to be repealed on July 1, 2001)
18        Sec. 13-516. Enforcement remedies Penalties for violation
19    of a Commission order relating to prohibited  actions  by  of
20    telecommunications carriers.
21        (a)  In  addition to any other provision of this Act, all
22    of the following remedies may be applied  for  violations  of
23    Section 13-514:
24             (1)  A  Commission  order  directing  the  violating
25        telecommunications  carrier  to  cease  and  desist  from
26        violating the Act or a Commission order or rule.
27             (2)  Notwithstanding  any  other  provision  of this
28        Act, the Commission may impose penalties of up to $30,000
29        or 0.00825% of  the  carrier's  gross  intrastate  annual
30        telecommunications  revenue,  whichever  is  greater, per
31        violation  unless  the  carrier  has  fewer  than  35,000
32        subscriber access lines, in which case the civil  penalty
33        may  not  exceed $2,000 per violation of a final order or
 
                            -50-           LRB9201430LDcsam02
 1        emergency relief order issued pursuant to Section  13-515
 2        of  this  Act.  Penalties under this Section shall attach
 3        and begin to accrue from the  day  after  the  date  upon
 4        which the Commission enters an order determining that the
 5        corporation  or person has violated or is in violation of
 6        the order,  decision,  rule,  regulation,  direction,  or
 7        requirement  of  the  Commission,  or  part  or provision
 8        thereof; or upon the day after the date  upon  which  the
 9        Commission  enters  an order directing the corporation or
10        person to cease and  desist  from  violating  the  order,
11        decision,  rule, regulation, direction, or requirement of
12        the Commission, or part or provision  thereof;  whichever
13        is the earlier. Each day of a continuing offense shall be
14        treated  as  a separate violation for purposes of levying
15        any penalty under this Section.  The period for which the
16        fine shall be  levied  shall  commence  on  the  day  the
17        Commission  order  requires compliance with the order and
18        shall continue until the party is in compliance with  the
19        Commission order.
20             (3)  The  Commission shall award damages, attorney's
21        fees, and costs to any  telecommunications  carrier  that
22        was subjected to a violation of Section 13-514.
23        (b)  The  Commission  may  waive  penalties imposed under
24    subdivision subsection (a)(2) if it makes a  written  finding
25    as  to its reasons for waiving the penalty fine.  Reasons for
26    waiving a penalty fine shall include, but not be limited  to,
27    technological infeasibility and acts of God.
28        (c)  The  Commission  shall  establish by rule procedures
29    for the imposition of remedies penalties under subsection (a)
30    that, at a minimum, provide for notice, hearing and a written
31    order relating to the imposition of remedies penalties.
32        (d)  Unless  enforcement  of  an  order  entered  by  the
33    Commission under  Section  13-515  otherwise  directs  or  is
34    stayed  by  the Commission or by an appellate court reviewing
 
                            -51-           LRB9201430LDcsam02
 1    the Commission's order, at any time after 30  days  from  the
 2    entry   of   the   order,   either  the  Commission,  or  the
 3    telecommunications carrier found by the  Commission  to  have
 4    been  subjected to a violation of Section 13-514, or both, is
 5    authorized to petition a court of competent jurisdiction  for
 6    an  order  at  law  or in equity requiring enforcement of the
 7    Commission order.  The court shall determine (1) whether  the
 8    Commission  entered  the order identified in the petition and
 9    (2) whether  the  violating  telecommunications  carrier  has
10    complied  with  the Commission's order. A certified copy of a
11    Commission order shall  be  prima  facie  evidence  that  the
12    Commission  entered  the  order  so  certified.  Pending  the
13    court's  resolution  of  the  petition,  the  court may award
14    temporary or preliminary injunctive  relief,  or  such  other
15    equitable   relief   as  may  be  necessary,  to  effectively
16    implement and enforce the  Commission's  order  in  a  timely
17    manner.
18        If  after  a  hearing the court finds that the Commission
19    entered the order identified in the  petition  and  that  the
20    violating  telecommunications  carrier  has not complied with
21    the  Commission's  order,  the  court  shall  enter  judgment
22    requiring the violating telecommunications carrier to  comply
23    with  the  Commission's order and order such relief at law or
24    in  equity  as  the  court  deems  necessary  to  effectively
25    implement and enforce the  Commission's  order  in  a  timely
26    manner.  The  court  shall  also  award to the petitioner, or
27    petitioners, attorney's fees and costs, which shall be  taxed
28    and collected as part of the costs of the case.
29        If  the court finds that the violating telecommunications
30    carrier has failed to  comply  with  the  timely  payment  of
31    damages, attorney's fees, or costs ordered by the Commission,
32    the   court  shall  order  the  violating  telecommunications
33    carrier to pay to the telecommunications carrier or  carriers
34    awarded  the  damages,  fees,  or  costs  by  the  Commission
 
                            -52-           LRB9201430LDcsam02
 1    additional  damages  for  the  sake  of example and by way of
 2    punishment for the failure to timely comply with the order of
 3    the Commission, unless the court finds a reasonable basis for
 4    the violating telecommunications carrier's  failure  to  make
 5    timely  payment according to the Commission's order, in which
 6    instance the court shall establish a new date for payment  to
 7    be  made. The Commission is authorized to apply to a court of
 8    competent jurisdiction for  an  order  requiring  payment  of
 9    penalties imposed under subsection (a).
10        (e)  Payment  of  damages,  attorney's  fees,  and  costs
11    penalties  imposed  under subsection (a) shall be made within
12    30 days after issuance of the Commission order  imposing  the
13    penalties,   damages,   attorney's  fees,  or  costs,  unless
14    otherwise directed by the Commission  or  a  reviewing  court
15    under  an  appeal  taken  pursuant  to Article X.  Payment of
16    penalties imposed under subsection (a) shall be made  to  the
17    Common  School  Fund  within  30  days  of  issuance  of  the
18    Commission order imposing the penalties.
19    (Source: P.A. 90-185, eff. 7-23-97.)

20        (220 ILCS 5/13-517 new)
21        Sec.  13-517.   Provision  of advanced telecommunications
22    services.
23        (a)  Every    Incumbent    Local     Exchange     Carrier
24    (telecommunications   carrier   that  offers  or  provides  a
25    noncompetitive telecommunications  service)  shall  offer  or
26    provide advanced telecommunications services to not less than
27    80% of its customers by January 1, 2005.
28        (b)  The  Commission  is  authorized  to  grant a full or
29    partial waiver of  the  requirements  of  this  Section  upon
30    verified  petition  of  any  Incumbent Local Exchange Carrier
31    ("ILEC") which demonstrates that  full  compliance  with  the
32    requirements  of  this  Section  would be unduly economically
33    burdensome or technically infeasible or otherwise impractical
 
                            -53-           LRB9201430LDcsam02
 1    in exchanges with low population density.  Notice of any such
 2    petition must be given to all potentially affected customers.
 3    If no potentially affected customer requests the  opportunity
 4    for  a hearing on the waiver petition, the Commission may, in
 5    its discretion, allow  the  waiver  request  to  take  affect
 6    without hearing.  The Commission shall grant such petition to
 7    the  extent  that,  and  for such duration as, the Commission
 8    determines that such waiver:
 9             (1)  is necessary:
10                  (A)  to avoid a  significant  adverse  economic
11             impact   on  users  of  telecommunications  services
12             generally;
13                  (B)  to avoid imposing a  requirement  that  is
14             unduly economically burdensome;
15                  (C)  to  avoid  imposing  a requirement that is
16             technically infeasible;  or
17                  (D)  to avoid imposing a  requirement  that  is
18             otherwise impractical to implement in exchanges with
19             low population density; and
20             (2)  is   consistent   with   the  public  interest,
21        convenience, and necessity.
22    The Commission shall act upon any petition filed  under  this
23    subsection  within  180  days  after receiving such petition.
24    The Commission may by rule establish standards  for  granting
25    any   waiver  of  the  requirements  of  this  Section.   The
26    Commission may, upon complaint or on its own motion,  hold  a
27    hearing  to  reconsider  its grant of a waiver in whole or in
28    part.  In the event that the Commission,  following  hearing,
29    determines  that  the  affected  ILEC  no  longer  meets  the
30    requirements  of  item (2) of this subsection, the Commission
31    shall by order rescind such waiver, in whole or in part.   In
32    the  event  and  to  the  degree the Commission rescinds such
33    waiver, the  Commission  shall  establish  an  implementation
34    schedule   for  compliance  with  the  requirements  of  this
 
                            -54-           LRB9201430LDcsam02
 1    Section.
 2        (c)  As    used    in     this     Section,     "advanced
 3    telecommunications   services"   means  services  capable  of
 4    supporting, in at least one direction, a speed in  excess  of
 5    200  kilobits  per  second  (kbps) to the network demarcation
 6    point at the subscriber's premises.

 7        (220 ILCS 5/13-518 new)
 8        Sec. 13-518. Optional service packages.
 9        (a)  It  is  the  intent  of  this  Section  to   provide
10    unlimited  local  service packages at prices that will result
11    in savings for the average consumer. Each  telecommunications
12    carrier   that   provides   competitive   and  noncompetitive
13    services, and that is subject to  an  alternative  regulation
14    plan  pursuant  to  Section  13-506.1  of this Article, shall
15    provide, in addition to such other services as it offers, the
16    following optional packages of services for a  fixed  monthly
17    rate, which, along with the terms and conditions thereof, the
18    Commission  shall review, pursuant to Article IX of this Act,
19    to determine whether such rates, terms,  and  conditions  are
20    fair, just, and reasonable.
21             (1)  A   budget  package,  which  shall  consist  of
22        residential access service and unlimited local calls.
23             (2)  A flat rate package,  which  shall  consist  of
24        residential  access  service,  unlimited local calls, and
25        the customer's choice of 2 vertical services  as  defined
26        in this Section.
27             (3)  An  enhanced  flat  rate  package,  which shall
28        consist  of  residential  access  service  for  2  lines,
29        unlimited  local  calls,  the  customer's  choice  of   2
30        vertical   services  as  defined  in  this  Section,  and
31        unlimited local toll service.
32        (b)  Nothing  in  this  Section  or  this  Act  shall  be
33    construed to prohibit any telecommunications carrier  subject
 
                            -55-           LRB9201430LDcsam02
 1    to this Section from charging customers who elect to take one
 2    of  the  groups of services offered pursuant to this Section,
 3    any applicable surcharges, fees, and taxes.
 4        (c)  The term "vertical  services",  when  used  in  this
 5    Section,  includes,  but  is not necessarily limited to, call
 6    waiting, call forwarding,  3-way  calling,  caller  ID,  call
 7    tracing, automatic callback, repeat dialing, and voicemail.
 8        (d)  The service packages described in this Section shall
 9    be defined as noncompetitive services.

10        (220 ILCS 5/13-712 new)
11        Sec.   13-712.  Basic  local  exchange  service  quality;
12    customer credits.
13        (a)  It is the intent of the General Assembly that  every
14    telecommunications   carrier  meet  minimum  service  quality
15    standards in providing basic  local  exchange  service  on  a
16    non-discriminatory basis to all classes of customers.
17        (b)  Definitions:
18             (1)  "Alternative  telephone  service" means, except
19        where technically  impracticable,  a  wireless  telephone
20        capable  of making local calls, and may also include, but
21        is not limited to, call forwarding, voice mail, or paging
22        services.
23             (2)  "Basic   local    exchange    service"    means
24        residential  and  business  lines used for local exchange
25        telecommunications service as defined in  Section  13-204
26        of this Act, excluding:
27                  (A)  services      that     employ     advanced
28             telecommunications capability as defined in  Section
29             706(c)(1)  of  the federal Telecommunications Act of
30             1996;
31                  (B)  vertical services;
32                  (C)  company official lines; and
33                  (D)  records work only.
 
                            -56-           LRB9201430LDcsam02
 1             (3)  "Link Up" refers  to  the  Link  Up  Assistance
 2        program  defined  and  established  at  47 C.F.R. Section
 3        54.411 et seq. as amended.
 4        (c)  The  Commission  shall  promulgate  service  quality
 5    rules for basic local exchange  service,  which  may  include
 6    fines,  penalties,  customer  credits,  and other enforcement
 7    mechanisms.  In developing such service  quality  rules,  the
 8    Commission  shall consider, at a minimum, the carrier's gross
 9    annual  intrastate  revenue;  the  frequency,  duration,  and
10    recurrence of the violation; and the relative harm caused  to
11    the  affected  customer  or  other  users of the network.  In
12    imposing  fines,  the  Commission  shall  take  into  account
13    compensation  or  credits  paid  by  the   telecommunications
14    carrier   to  its  customers  pursuant  to  this  Section  in
15    compensation  for  the  violation  found  pursuant  to   this
16    Section.   These rules shall become effective within one year
17    after the effective date of this amendatory Act of  the  92nd
18    General Assembly.
19        (d)  The   rules   shall,  at  a  minimum,  require  each
20    telecommunications carrier to do all of the following:
21             (1)  Install basic local exchange service  within  5
22        business days after receipt of an order from the customer
23        unless the customer requests an installation date that is
24        beyond  5 business days after placing the order for basic
25        service.  If installation of service is requested  on  or
26        by  a  date  more than 5 business days in the future, the
27        telecommunications carrier shall install service  by  the
28        date  requested.   A  telecommunications carrier offering
29        basic local exchange service  utilizing  the  network  or
30        network  elements  of  another  carrier shall install new
31        lines for basic local exchange service within 3  business
32        days  after  provisioning  of  the  line  or lines by the
33        carrier whose  network  or  network  elements  are  being
34        utilized  is  complete.  This subdivision (d)(1) does not
 
                            -57-           LRB9201430LDcsam02
 1        apply  to   the   migration   of   a   customer   between
 2        telecommunications  carriers,  so  long  as  the customer
 3        maintains dial tone.
 4             (2)  Restore basic  local  exchange  service  for  a
 5        customer  within  24  hours  of  receiving  notice that a
 6        customer is out of service.
 7             (3)  Keep all repair and  installation  appointments
 8        for   basic  local  exchange  service,  when  a  customer
 9        premises visit requires a customer to be present.
10        (e)  The rules shall include provisions for customers  to
11    be  credited by the telecommunications carrier for violations
12    of  basic  local  exchange  service  quality   standards   as
13    described  in subsection (d). The credits shall be applied on
14    the statement issued to the customer  for  the  next  monthly
15    billing  cycle  following  the  violation  or  following  the
16    discovery   of   the   violation.    The  performance  levels
17    established in subsection (c) are solely for the purposes  of
18    consumer  credits and shall not be used as performance levels
19    for the purposes of assessing penalties under Section 13-305.
20    At a minimum, the rules shall include the following:
21             (1)  If a carrier fails to repair an  out-of-service
22        condition  for  basic  local  exchange  service within 24
23        hours,  the  carrier  shall  provide  a  credit  to   the
24        customer.  If  the  service disruption is for 48 hours or
25        less, the credit must be equal to a pro-rata  portion  of
26        the  monthly  recurring  charges  for  all local services
27        disrupted.  If the service disruption is for more than 48
28        hours, but not more than 72 hours,  the  credit  must  be
29        equal  to  at  least 33% of one month's recurring charges
30        for  all  local  services  disrupted.   If  the   service
31        disruption  is  for more than 72 hours, but not more than
32        96 hours, the credit must be equal to at least 67% of one
33        month's  recurring  charges  for   all   local   services
34        disrupted.  If the service disruption is for more than 96
 
                            -58-           LRB9201430LDcsam02
 1        hours,  but  not  more than 120 hours, the credit must be
 2        equal to one month's  recurring  charges  for  all  local
 3        services  disrupted.   For  each  day  that  the  service
 4        disruption  continues beyond the initial 120-hour period,
 5        the  carrier  shall  also  provide   either   alternative
 6        telephone service or an additional credit of $20 per day,
 7        at the customers option.
 8             (2)  If  a  carrier  fails  to  install  basic local
 9        exchange  service  within  5  business  days   after   an
10        application  for  new  service  has  been received by the
11        carrier,  or  fails  to  install  the  service   by   the
12        customer's  requested installation date, if the requested
13        date was more than 5 business days after the date of  the
14        application,   the   carrier   shall  waive  50%  of  any
15        installation charges, or where installation  is  pursuant
16        to  the  Link  Up  program,  the  carrier shall provide a
17        credit of $25.  If a carrier  fails  to  install  service
18        within  10 business days after the service application is
19        placed, or fails to install  service  within  5  business
20        days after the customer's requested installation date, if
21        the  requested  date  was more than 5 business days after
22        the date of the order, the carrier shall  waive  100%  of
23        the   installation  charge,  or  in  the  absence  of  an
24        installation  charge  where  installation   is   provided
25        pursuant  to  the  Link  Up  program,  the  carrier shall
26        provide a credit of $50.  For each day that  the  failure
27        to  install  service  continues  beyond  the  initial  10
28        business  days,  or  beyond  5  business  days  after the
29        customer's requested installation date, if the  requested
30        date  was more than 5 business days after the date of the
31        order, the carrier shall also provide either  alternative
32        telephone service or an additional credit of $20 per day,
33        at the customer's option until service is installed.
34             (3)  If  a  carrier fails to keep a scheduled repair
 
                            -59-           LRB9201430LDcsam02
 1        or installation  appointment  when  a  customer  premises
 2        visit  requires  a  customer  to  be present, the carrier
 3        shall credit the customer $50 per missed appointment.   A
 4        credit  required  by  this subsection does not apply when
 5        the carrier provides the customer with 24-hour notice  of
 6        its inability to keep the appointment.
 7             (4)  If  the  violation  of  a  basic local exchange
 8        service quality standard is caused  by  a  carrier  other
 9        than   the   carrier  providing  retail  service  to  the
10        customer, the carrier providing service to  the  customer
11        shall  credit  the  customer as provided in this Section.
12        The carrier causing the  violation  shall  reimburse  the
13        carrier  providing retail service the amount credited the
14        customer. When applicable, an  interconnection  agreement
15        shall govern compensation between the carrier causing the
16        violation,  in  whole  or in part, and the retail carrier
17        providing the credit to the customer.
18             (5)  When   alternative   telephone    service    is
19        appropriate,   the   customer   may  select  one  of  the
20        alternative telephone services offered  by  the  carrier.
21        The alternative telephone service shall be provided at no
22        cost to the customer for the provision of local service.
23             (6)  Credits  required  by  this  subsection  do not
24        apply if the violation of a service quality standard:
25                  (i)  occurs as  a  result  of  a  negligent  or
26             willful act on the part of the customer;
27                  (ii)  occurs  as  a  result of a malfunction of
28             customer-owned telephone equipment or inside wiring;
29                  (iii)  occurs as a result of,  or  is  extended
30             by,  an emergency situation as defined in Commission
31             rules;
32                  (iv)  is extended by the carrier's inability to
33             gain access to the customer's premises  due  to  the
34             customer  missing  an appointment, provided that the
 
                            -60-           LRB9201430LDcsam02
 1             violation is not further extended by the carrier;
 2                  (v)  occurs as a result of a  customer  request
 3             to  change  the scheduled appointment, provided that
 4             the  violation  is  not  further  extended  by   the
 5             carrier;
 6                  (vi)  occurs  as  a result of a carrier's right
 7             to refuse service  to  a  customer  as  provided  in
 8             Commission rules; or
 9                  (vii)  occurs   as   a  result  of  a  lack  of
10             facilities where a customer requests  service  at  a
11             geographically  remote location, a customer requests
12             service in a geographic area where  the  carrier  is
13             not   currently   offering  service,  or  there  are
14             insufficient  facilities  to  meet  the   customer's
15             request   for   service,   subject  to  a  carrier's
16             obligation for reasonable facilities planning.
17             (7)  The   provisions   of   this   subsection   are
18        cumulative and shall not in any way diminish  or  replace
19        other  civil  or  administrative  remedies available to a
20        customer or a class of customers.
21        (f)  The  rules  shall  require  each  telecommunications
22    carrier to provide to the Commission, on  a  quarterly  basis
23    and  in  a  form  suitable  for  posting  on the Commission's
24    website, a public report that includes performance  data  for
25    basic   local   exchange  service  quality  of  service.  The
26    performance data shall be disaggregated for  each  geographic
27    area  and  each  customer  class  of  the State for which the
28    telecommunications carrier internally  monitored  performance
29    data  as  of  a date 120 days preceding the effective date of
30    this amendatory Act of the 92nd General Assembly. The  report
31    shall  include, at a minimum, performance data on basic local
32    exchange service installations, lines out of service for more
33    than 24 hours, carrier response to  customer  calls,  trouble
34    reports, and missed repair and installation commitments.
 
                            -61-           LRB9201430LDcsam02
 1        (g)  The Commission shall establish and implement carrier
 2    to  carrier  wholesale  service  quality  rules and establish
 3    remedies to ensure enforcement of the rules.

 4        (220 ILCS 5/13-713 new)
 5        Sec. 13-713.  Consumer complaint resolution process.
 6        (a)  It is  the  intent  of  the  General  Assembly  that
 7    consumer complaints against telecommunications carriers shall
 8    be concluded as expeditiously as possible consistent with the
 9    rights  of  the parties thereto to the due process of law and
10    protection of the public interest.
11        (b)  The Commission shall promulgate  rules  that  permit
12    parties  to  resolve  disputes through mediation.  A consumer
13    may request mediation upon  completion  of  the  Commission's
14    informal  complaint  process and prior to the initiation of a
15    formal complaint as described in Commission rules.
16        (c)  A residential consumer  or  business  consumer  with
17    fewer than 20 lines shall have the right to request mediation
18    for   resolution  of  a  dispute  with  a  telecommunications
19    carrier.  The carrier shall be  required  to  participate  in
20    mediation at the consumer's request.
21        (d)  The   Commission  may  retain  the  services  of  an
22    independent neutral mediator or trained Commission  staff  to
23    facilitate resolution of the consumer dispute.  The mediation
24    process  must  be  completed  no later than 45 days after the
25    consumer requests mediation.
26        (e)  If the parties reach agreement, the agreement  shall
27    be  reduced  to  writing  at the conclusion of the mediation.
28    The  writing  shall  contain   mutual   conditions,   payment
29    arrangements,  or other terms that resolve the dispute in its
30    entirety.  If the parties are unable to  reach  agreement  or
31    after  45 days, whichever occurs first, the consumer may file
32    a formal  complaint  with  the  Commission  as  described  in
33    Commission rules.
 
                            -62-           LRB9201430LDcsam02
 1        (f)  If either the consumer or the carrier fails to abide
 2    by  the  terms  of the settlement agreement, either party may
 3    exercise any rights it may have as specified in the terms  of
 4    the agreement or as provided in Commission rules.
 5        (g)  All   notes,  writings  and  settlement  discussions
 6    related to the mediation shall be exempt from  discovery  and
 7    shall be inadmissible in any agency or court proceeding.

 8        (220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801)
 9        (Section scheduled to be repealed on July 1, 2001)
10        Sec.    13-801.  Incumbent    local    exchange   carrier
11    obligations.
12        (a)  This Section provides additional State  requirements
13    contemplated by, but not inconsistent with, Section 261(c) of
14    the federal Telecommunications Act of 1996, and not preempted
15    by   orders  of  the  Federal  Communications  Commission.  A
16    telecommunications carrier not subject to regulation under an
17    alternative regulation plan pursuant to Section  13-506.1  of
18    this  Act  shall  not  be  subject  to the provisions of this
19    Section, to the extent that this Section imposes requirements
20    or  obligations  upon  the  telecommunications  carrier  that
21    exceed or are more stringent than those  obligations  imposed
22    by  Section 251 of the federal Telecommunications Act of 1996
23    and regulations promulgated thereunder.
24        An incumbent  local  exchange  carrier  shall  provide  a
25    requesting  telecommunications  carrier with interconnection,
26    collocation,  network  elements,  and  access  to  operations
27    support systems on just,  reasonable,  and  nondiscriminatory
28    rates,  terms,  and conditions to enable the provision of any
29    and all existing and new telecommunications  services  within
30    the  LATA.  The  Commission shall require the incumbent local
31    exchange carrier to provide interconnection, collocation, and
32    network elements in any manner technically  feasible  to  the
33    fullest  extent possible to implement the maximum development
 
                            -63-           LRB9201430LDcsam02
 1    of competitive telecommunications services offerings. As used
 2    in  this  Section,  to  the  extent   that   interconnection,
 3    collocation, or network elements have been deployed for or by
 4    the  incumbent  local exchange carrier or one of its wireline
 5    local exchange affiliates in any jurisdiction,  it  shall  be
 6    presumed that such is technically feasible in Illinois.
 7        (b)  Interconnection.
 8             (1)  An   incumbent  local  exchange  carrier  shall
 9        provide  for  the  facilities  and   equipment   of   any
10        requesting  telecommunications  carrier's interconnection
11        with the incumbent local exchange  carrier's  network  on
12        just, reasonable, and nondiscriminatory rates, terms, and
13        conditions:
14                  (A)  for  the transmission and routing of local
15             exchange,  and  exchange  access  telecommunications
16             services;
17                  (B)  at any technically feasible  point  within
18             the  incumbent  local  exchange  carrier's  network;
19             however,  the  incumbent  local exchange carrier may
20             not require the requesting carrier  to  interconnect
21             at more than one technically feasible point within a
22             LATA; and
23                  (C)  that  is  at  least  equal  in quality and
24             functionality to  that  provided  by  the  incumbent
25             local   exchange   carrier   to  itself  or  to  any
26             subsidiary, affiliate, or any other party  to  which
27             the   incumbent   local  exchange  carrier  provides
28             interconnection.
29             (2)  An incumbent local exchange carrier shall  make
30        available  to  any requesting telecommunications carrier,
31        to  the  extent  technically  feasible,  those  services,
32        facilities, or interconnection agreements or arrangements
33        that the incumbent local exchange carrier or any  of  its
34        incumbent   local  exchange  subsidiaries  or  affiliates
 
                            -64-           LRB9201430LDcsam02
 1        offers in another state under the terms  and  conditions,
 2        but  not the stated rates, negotiated pursuant to Section
 3        252 of the federal Telecommunications Act of 1996.  Rates
 4        shall be established in accordance with the  requirements
 5        of  subsection  (g)  of this Section.  An incumbent local
 6        exchange  carrier  shall  also  make  available  to   any
 7        requesting  telecommunications  carrier,  to  the  extent
 8        technically  feasible,  and  subject  to  the  unbundling
 9        provisions   of   Section   251(d)(2)   of   the  federal
10        Telecommunications Act of 1996, those  unbundled  network
11        element  or  interconnection  agreements  or arrangements
12        that a local exchange carrier affiliate of the  incumbent
13        local  exchange carrier obtains in another state from the
14        incumbent local exchange carrier in that state, under the
15        terms and conditions, but not the stated rates,  obtained
16        through  negotiation, or through an arbitration initiated
17        by the affiliate, pursuant to Section 252 of the  federal
18        Telecommunications   Act   of   1996.   Rates   shall  be
19        established  in  accordance  with  the  requirements   of
20        subsection (g) of this Section.
21        (c)  Collocation.  An  incumbent  local  exchange carrier
22    shall provide for physical or virtual collocation of any type
23    of  equipment  for  interconnection  or  access  to   network
24    elements  at  the  premises  of  the incumbent local exchange
25    carrier on just,  reasonable,  and  nondiscriminatory  rates,
26    terms,  and  conditions.  The equipment shall include, but is
27    not limited to, optical transmission equipment, multiplexers,
28    remote switching  modules,  and  cross-connects  between  the
29    facilities  or  equipment  of other collocated carriers.  The
30    equipment   shall   also   include   microwave   transmission
31    facilities on the exterior  and  interior  of  the  incumbent
32    local  exchange  carrier's  premises used for interconnection
33    to, or for access to network elements of, the incumbent local
34    exchange  carrier  or  a  collocated  carrier,   unless   the
 
                            -65-           LRB9201430LDcsam02
 1    incumbent   local   exchange   carrier  demonstrates  to  the
 2    Commission that it is not practical due to technical  reasons
 3    or  space  limitations.   An incumbent local exchange carrier
 4    shall allow, and provide for, the most reasonably direct  and
 5    efficient cross-connects, that are consistent with safety and
 6    network  reliability  standards,  between  the  facilities of
 7    collocated carriers.  An  incumbent  local  exchange  carrier
 8    shall  also  allow, and provide for, cross connects between a
 9    noncollocated telecommunications carrier's  network  elements
10    platform,  or  a  noncollocated  telecommunications carrier's
11    transport facilities, and the facilities  of  any  collocated
12    carrier,  consistent  with  safety  and  network  reliability
13    standards.
14        (d)  Network  elements.   The  incumbent  local  exchange
15    carrier  shall  provide  to any requesting telecommunications
16    carrier,  for  the  provision  of  an  existing  or   a   new
17    telecommunications   service,   nondiscriminatory  access  to
18    network elements  on  any  unbundled  or  bundled  basis,  as
19    requested,   at  any  technically  feasible  point  on  just,
20    reasonable,   and   nondiscriminatory   rates,   terms,   and
21    conditions.
22             (1)  An  incumbent  local  exchange  carrier   shall
23        provide  unbundled  network  elements  in  a  manner that
24        allows requesting telecommunications carriers to  combine
25        those  network  elements  to provide a telecommunications
26        service.
27             (2)  An incumbent local exchange carrier  shall  not
28        separate  network  elements  that are currently combined,
29        except  at  the  explicit  direction  of  the  requesting
30        carrier.
31             (3)  Upon  request,  an  incumbent  local   exchange
32        carrier  shall  combine any sequence of unbundled network
33        elements  that  it  ordinarily  combines  for  itself  to
34        provide local exchange services to  residence  and  small
 
                            -66-           LRB9201430LDcsam02
 1        business  customers  (customers  with  4  or fewer access
 2        lines), including but not limited to,  unbundled  network
 3        elements   identified   in  The  Draft  of  the  Proposed
 4        Ameritech Illinois 271 Amendment (I2A) found in  Schedule
 5        SJA-4  attached  to  Exhibit  3.1  filed by Illinois Bell
 6        Telephone Company on or about March  28,  2001  with  the
 7        Illinois  Commerce  Commission  under  Illinois  Commerce
 8        Commission  Docket  Number 00-0700.  The Commission shall
 9        determine those  network  elements  the  incumbent  local
10        exchange  carrier ordinarily combines for itself if there
11        is a dispute between the incumbent local exchange carrier
12        and the requesting telecommunications carrier under  this
13        subdivision of this Section of this Act.
14             The   incumbent  local  exchange  carrier  shall  be
15        entitled    to    recover     from     the     requesting
16        telecommunications   carrier   any  just  and  reasonable
17        special construction costs  incurred  in  combining  such
18        unbundled  network  elements  (i)  if  such costs are not
19        already included in the established  price  of  providing
20        the   network  elements,  (ii)  if  the  incumbent  local
21        exchange  carrier  charges  such  costs  to  its   retail
22        telecommunications   end   users,   and  (iii)  if  fully
23        disclosed in advance to the requesting telecommunications
24        carrier.  The  Commission  shall  determine  whether  the
25        incumbent  local  exchange  carrier  is  entitled  to any
26        special construction costs if there is a dispute  between
27        the  incumbent  local exchange carrier and the requesting
28        telecommunications carrier under this subdivision of this
29        Section of this Act.
30             (4)  A telecommunications carrier may use a  network
31        elements  platform  consisting solely of combined network
32        elements of  the  incumbent  local  exchange  carrier  to
33        provide  end  to  end  telecommunications service for the
34        provision   of   existing   and   new   local   exchange,
 
                            -67-           LRB9201430LDcsam02
 1        interexchange  that  includes  local,  local  toll,   and
 2        intraLATA toll telecommunications services to its own end
 3        user  customers  within  the  LATA without the requesting
 4        telecommunications carrier's  provision  or  use  of  any
 5        other facilities or functionalities.
 6             (5)  The  Commission  shall  establish  maximum time
 7        periods  for  the  incumbent  local  exchange   carrier's
 8        provision  of  network elements.  The maximum time period
 9        shall be no longer than the time period for the incumbent
10        local exchange carrier's provision of  comparable  retail
11        telecommunications   services   utilizing  those  network
12        elements. The Commission may  establish  a  maximum  time
13        period  for  a particular network element that is shorter
14        than for a comparable retail  telecommunications  service
15        offered  by  the  incumbent  local  exchange carrier if a
16        requesting  telecommunications carrier  establishes  that
17        it  shall  perform  other  functions  or activities after
18        receipt of the  particular  network  element  to  provide
19        telecommunications  services to end users.  The burden of
20        proof for  establishing  a  maximum  time  period  for  a
21        particular  network  element  that  is shorter than for a
22        comparable retail telecommunications service  offered  by
23        the  incumbent  local  exchange  carrier  shall be on the
24        requesting telecommunications carrier.    Notwithstanding
25        any other provision of this Article, unless and until the
26        Commission  establishes  by  rule  or  order  a different
27        specific  maximum  time  interval,   the   maximum   time
28        intervals  shall  not  exceed  5  business  days  for the
29        provision of unbundled loops, both digital and analog, 10
30        business days for the conditioning of unbundled loops  or
31        for  existing combinations of network elements for an end
32        user that has existing local exchange  telecommunications
33        service,  and  one  business day for the provision of the
34        high frequency portion of the loop (line-sharing) for  at
 
                            -68-           LRB9201430LDcsam02
 1        least   95%   of   the   requests   of   each  requesting
 2        telecommunications carrier for each month.
 3             In measuring the incumbent local exchange  carrier's
 4        actual  performance,  the  Commission  shall  ensure that
 5        occurrences beyond the control  of  the  incumbent  local
 6        exchange  carrier  that  adversely  affect  the incumbent
 7        local exchange carrier's performance  are  excluded  when
 8        determining  actual performance levels.  Such occurrences
 9        shall be determined by the Commission, but at  a  minimum
10        must  include  work  stoppage  or other labor actions and
11        acts  of  war.   Exclusions  shall  also  be   made   for
12        performance  that  is  governed by agreements approved by
13        the Commission and containing timeframes for the same  or
14        similar    measures    or    for    when   a   requesting
15        telecommunications  carrier  requests   a   longer   time
16        interval.
17             (6)  When  a  telecommunications  carrier requests a
18        network elements  platform  referred  to  in  subdivision
19        (d)(4)  of  this Section, without the need for field work
20        outside of the central office, for an end user  that  has
21        existing   local   exchange   telecommunications  service
22        provided by an incumbent local exchange  carrier,  or  by
23        another  telecommunications carrier through the incumbent
24        local  exchange  carrier's  network  elements   platform,
25        unless   otherwise   agreed   by  the  telecommunications
26        carriers, the  incumbent  local  exchange  carrier  shall
27        provide  the  requesting  telecommunications carrier with
28        the requested network elements platform within 3 business
29        days for at least 95% of the requests for each requesting
30        telecommunications carrier for each month.  A  requesting
31        telecommunications carrier may order the network elements
32        platform  as  is  for  an end user that has such existing
33        local  exchange  service  without  changing  any  of  the
34        features  previously  selected  by  the  end  user.   The
 
                            -69-           LRB9201430LDcsam02
 1        incumbent  local  exchange  carrier  shall  provide   the
 2        requested   network   elements   platform   without   any
 3        disruption to the end user's services.
 4             Absent    a    contrary    agreement   between   the
 5        telecommunications  carriers  entered  into   after   the
 6        effective date of this amendatory Act of the 92nd General
 7        Assembly,  as  of  12:01  a.m.  on the third business day
 8        after placing the order for a network elements  platform,
 9        the  requesting  telecommunications  carrier shall be the
10        presubscribed primary local exchange carrier for that end
11        user line and shall be entitled to receive, or to  direct
12        the   disposition  of,  all  revenues  for  all  services
13        utilizing the network elements in the platform, unless it
14        is established that the end user of  the  existing  local
15        exchange   service   did  not  authorize  the  requesting
16        telecommunications carrier to make the request.
17        (e)  Operations support systems.   The  Commission  shall
18    establish   minimum  standards  with  just,  reasonable,  and
19    nondiscriminatory  rates,  terms,  and  conditions  for   the
20    preordering,  ordering, provisioning, maintenance and repair,
21    and  billing  functions  of  the  incumbent  local   exchange
22    carrier's   operations  support  systems  provided  to  other
23    telecommunications  carriers.  In  no  instance   shall   the
24    incumbent local exchange carrier's operations support systems
25    as provided to other telecommunications carriers be less than
26    functionally  and  effectively  the  same  operations support
27    systems provided by the incumbent local exchange  carrier  to
28    its  own,  its  subsidiaries',  and  its  affiliates'  retail
29    telecommunications services.
30        (f)  Resale.   An  incumbent local exchange carrier shall
31    offer  all  retail  telecommunications  services,  that   the
32    incumbent  local  exchange  carrier  provides  at  retail  to
33    subscribers  who  are not telecommunications carriers, within
34    the LATA, together with each applicable optional  feature  or
 
                            -70-           LRB9201430LDcsam02
 1    functionality,  subject  to resale at wholesale rates without
 2    imposing any unreasonable  or  discriminatory  conditions  or
 3    limitations.  Wholesale  rates  shall  be based on the retail
 4    rates charged to end users for the telecommunications service
 5    requested, excluding the portion thereof attributable to  any
 6    marketing,  billing,  collection,  and other costs avoided by
 7    the local exchange  carrier.  The  Commission  may  determine
 8    under  Article  IX  of  this  Act that certain noncompetitive
 9    services, together with each applicable optional  feature  or
10    functionality,  that are offered to residence customers under
11    different rates, charges, terms, or conditions than to  other
12    customers  should  not  be subject to resale under the rates,
13    charges, terms, or conditions  available  only  to  residence
14    customers.
15        (g)  Cost   based  rates.  Interconnection,  collocation,
16    network elements, and operations  support  systems  shall  be
17    provided   by   the   incumbent  local  exchange  carrier  to
18    requesting telecommunications carriers at cost  based  rates.
19    The    immediate    implementation    and   provisioning   of
20    interconnection,   collocation,   network    elements,    and
21    operations  support  systems  shall not be delayed due to any
22    lack of determination by the Commission as to the cost  based
23    rates.   When  cost  based  rates  have not been established,
24    within 30 days after the filing of a petition for the setting
25    of interim rates, or after the Commission's own  motion,  the
26    Commission  shall provide for interim rates that shall remain
27    in  full  force  and  effect  until  the  cost   based   rate
28    determination  is  made,  or the interim rate is modified, by
29    the Commission.
30        (h)  Rural exemption. This  Section  does  not  apply  to
31    certain  rural  telephone companies as described in 47 U.S.C.
32    251(f).
33        (i)  Schedule of rates. A telecommunications carrier  may
34    request  the  incumbent  local  exchange carrier to provide a
 
                            -71-           LRB9201430LDcsam02
 1    schedule of rates listing each of the rate  elements  of  the
 2    incumbent  local exchange carrier that pertains to a proposed
 3    order identified by the requesting telecommunications carrier
 4    for  any  of  the  matters  covered  in  this  Section.   The
 5    incumbent local exchange carrier shall deliver the  requested
 6    schedule   of  rates  to  the  requesting  telecommunications
 7    carrier within 2 business days for 95% of  the  requests  for
 8    each requesting carrier.
 9        (j)  Special access circuits.  Nothing in this amendatory
10    Act  of  the  92nd  General Assembly is intended to allow the
11    provision of a special access circuit through  a  combination
12    of network elements.
13        (k)  The   Commission  shall  determine  any  matters  in
14    dispute between the incumbent local exchange carrier and  the
15    requesting carrier pursuant to Section 13-515 of this Act.
16    The  Commission  shall  prepare and issue an annual report on
17    the status of the telecommunications  industry  and  Illinois
18    regulation  thereof  on  January 31 of each year beginning in
19    1986. Such report shall include:
20             (a)  A review of regulatory  decisions  and  actions
21        from  the  preceding  year  and  a description of pending
22        cases involving significant  telecommunications  carriers
23        or issues;
24             (b)  a   description   of   the   telecommunications
25        industry  and  changes  or  trends therein, including the
26        number,    type    and    size    of    firms    offering
27        telecommunications services, whether or  not  such  firms
28        are   subject  to  State  regulation,  telecommunications
29        technologies in place and under  development,  variations
30        in  the geographic availability of services and in prices
31        for services, and penetration levels of subscriber access
32        to local exchange service in  each  exchange  and  trends
33        related thereto;
34             (c)  the  status  of  compliance by carriers and the
 
                            -72-           LRB9201430LDcsam02
 1        Commission with the requirements of this Article;
 2             (d)  the effects, and  likely  effects  of  Illinois
 3        regulatory   policies   and  practices,  including  those
 4        described  in   this   Article,   on   telecommunications
 5        carriers, services and customers;
 6             (e)  any   recommendations  for  legislative  change
 7        which  are  adopted  by  the  Commission  and  which  the
 8        Commission believes  are  in  the  interest  of  Illinois
 9        telecommunications customers; and
10             (f)  any  other  information  or  analysis which the
11        Commission is required to  provide  by  this  Article  or
12        deems necessary to provide.
13        The  Commission's  report  shall  be filed with the Joint
14    Committee on Legislative Support Services, the Governor,  and
15    the Public Counsel and shall be publicly available. The Joint
16    Committee  on  Legislative  Support  Services  shall  conduct
17    public   hearings  on  the  report  and  any  recommendations
18    therein.
19    (Source: P.A. 84-1063.)

20        (220 ILCS 5/13-902)
21        (Section scheduled to be repealed on July 1, 2001)
22        Sec.  13-902.  Authorization  and   verification   of   a
23    subscriber's change in telecommunications carrier.
24        (a)  Definitions; scope.
25             (1)  "Submitting       carrier"       means      any
26        telecommunications carrier that requests on behalf  of  a
27        subscriber   that   the  subscriber's  telecommunications
28        carrier be changed and seeks to provide  retail  services
29        to the end user subscriber.
30             (2)  "Executing       carrier"       means       any
31        telecommunications  carrier that effects a request that a
32        subscriber's telecommunications carrier be changed.
33             (3)  "Authorized      carrier"       means       any
 
                            -73-           LRB9201430LDcsam02
 1        telecommunications  carrier  that  submits  a  change, on
 2        behalf of a subscriber, in the subscriber's selection  of
 3        a   provider   of  telecommunications  service  with  the
 4        subscriber's authorization verified  in  accordance  with
 5        the procedures specified in this Section.
 6             (4)  "Unauthorized      carrier"      means      any
 7        telecommunications  carrier  that  submits  a  change, on
 8        behalf of a subscriber, in the subscriber's selection  of
 9        a  provider  of  telecommunications  service but fails to
10        obtain  the  subscriber's   authorization   verified   in
11        accordance with the procedures specified in this Section.
12             (5)  "Unauthorized  change"  means  a  change  in  a
13        subscriber's     selection     of     a    provider    of
14        telecommunications  service   that   was   made   without
15        authorization    verified    in   accordance   with   the
16        verification procedures specified in this Section.
17             (6)  "Subscriber" means:
18                  (A)  the  party  identified  in   the   account
19             records  of  a  common  carrier  as  responsible for
20             payment of the telephone bill;
21                  (B)  any adult person authorized by such  party
22             to  change  telecommunications services or to charge
23             services to the account; or
24                  (C)  any  person  contractually  or   otherwise
25             lawfully authorized to represent such party.
26        This   Section   does   not   apply  to  retail  business
27    subscribers served by more than 20 lines.
28        (b)  Authorization from the subscriber.   "Authorization"
29    means an express, affirmative act by a subscriber agreeing to
30    the  change in the subscriber's telecommunications carrier to
31    another carrier.  A subscriber's  telecommunications  service
32    shall  be provided by the telecommunications carrier selected
33    by the subscriber.
34        (c)  Authorization  and  verification   of   orders   for
 
                            -74-           LRB9201430LDcsam02
 1    telecommunications service.
 2             (1)  No  telecommunications  carrier shall submit or
 3        execute a  change  on  behalf  of  a  subscriber  in  the
 4        subscriber's     selection     of     a    provider    of
 5        telecommunications service except in accordance with  the
 6        procedures prescribed in this subsection.
 7             (2)  No  submitting carrier shall submit a change on
 8        the behalf of a subscriber in the subscriber's  selection
 9        of  a  provider  of  telecommunications  service prior to
10        obtaining:
11                  (A)  authorization from the subscriber; and
12                  (B)  verification  of  that  authorization   in
13             accordance  with  the  procedures prescribed in this
14             Section.
15        The  submitting  carrier  shall  maintain  and   preserve
16    records  of  verification  of  subscriber authorization for a
17    minimum period of 2 years after obtaining such verification.
18             (3)  An  executing  carrier  shall  not  verify  the
19        submission of a change in a subscriber's selection  of  a
20        provider  of  telecommunications  service received from a
21        submitting carrier. For an executing carrier,  compliance
22        with  the  procedures  described in this Section shall be
23        defined as prompt  execution,  without  any  unreasonable
24        delay, of changes that have been verified by a submitting
25        carrier.
26             (4)  Commercial   mobile   radio   services   (CMRS)
27        providers   shall   be  excluded  from  the  verification
28        requirements of this Section as  long  as  they  are  not
29        required  to  provide equal access to common carriers for
30        the provision of telephone toll services,  in  accordance
31        with 47 U.S.C. 332(c)(8).
32             (5)  Where  a  telecommunications carrier is selling
33        more than one type of telecommunications  service  (e.g.,
34        local      exchange,      intraLATA/intrastate      toll,
 
                            -75-           LRB9201430LDcsam02
 1        interLATA/interstate  toll, and international toll), that
 2        carrier  must  obtain  separate  authorization  from  the
 3        subscriber  for   each   service   sold,   although   the
 4        authorizations  may be made within the same solicitation.
 5        Each authorization must be verified separately  from  any
 6        other  authorizations  obtained in the same solicitation.
 7        Each authorization must be verified  in  accordance  with
 8        the verification procedures prescribed in this Section.
 9             (6)  No  telecommunications  carrier  shall submit a
10        preferred carrier change order unless and until the order
11        has  been  confirmed  in  accordance  with  one  of   the
12        following procedures:
13                  (A)  The    telecommunications    carrier   has
14             obtained the subscriber's written or  electronically
15             signed  authorization  in  a  form  that  meets  the
16             requirements of subsection (d).
17                  (B)  The    telecommunications    carrier   has
18             obtained the subscriber's  electronic  authorization
19             to  submit  the preferred carrier change order. Such
20             authorization must  be  placed  from  the  telephone
21             number  or numbers on which the preferred carrier is
22             to be changed and must confirm  the  information  in
23             subsections   (b)   and   (c)   of   this   Section.
24             Telecommunications   carriers  electing  to  confirm
25             sales electronically shall  establish  one  or  more
26             toll-free  telephone  numbers  exclusively  for that
27             purpose.  Calls to the toll-free  telephone  numbers
28             must  connect a subscriber to a voice response unit,
29             or similar  mechanism,  that  records  the  required
30             information  regarding the preferred carrier change,
31             including automatically  recording  the  originating
32             automatic number identification.
33                  (C)  An   appropriately  qualified  independent
34             third party has obtained,  in  accordance  with  the
 
                            -76-           LRB9201430LDcsam02
 1             procedures  set forth in paragraphs (7) through (10)
 2             of   this   subsection,   the   subscriber's    oral
 3             authorization to submit the preferred carrier change
 4             order   that   confirms   and  includes  appropriate
 5             verification data.  The independent third party must
 6             not be owned, managed, controlled,  or  directed  by
 7             the  carrier  or the carrier's marketing agent; must
 8             not  have  any  financial   incentive   to   confirm
 9             preferred  carrier  change orders for the carrier or
10             the carrier's marketing agent; and must operate in a
11             location physically separate from the carrier or the
12             carrier's marketing agent.
13             (7)  Methods of third party verification.  Automated
14        third party verification systems and three-way conference
15        calls  may  be  used for verification purposes so long as
16        the requirements of paragraphs (8) through (10)  of  this
17        subsection are satisfied.
18             (8)  Carrier initiation of third party verification.
19        A  carrier or a carrier's sales representative initiating
20        a  three-way  conference  call  or  a  call  through   an
21        automated verification system must drop off the call once
22        the three-way connection has been established.
23             (9)  Requirements  for  content  and format of third
24        party verification. All third party verification  methods
25        shall   elicit,   at  a  minimum,  the  identity  of  the
26        subscriber; confirmation that the person on the  call  is
27        authorized  to make the carrier change; confirmation that
28        the person on the call wants to make the carrier  change;
29        the  names  of  the  carriers affected by the change; the
30        telephone numbers  to  be  switched;  and  the  types  of
31        service  involved.  Third  party verifiers may not market
32        the   carrier's   services   by   providing    additional
33        information,  including  information  regarding preferred
34        carrier freeze procedures.
 
                            -77-           LRB9201430LDcsam02
 1             (10)  Other    requirements    for    third    party
 2        verification. All  third  party  verifications  shall  be
 3        conducted  in  the  same  language  that  was used in the
 4        underlying sales transaction and  shall  be  recorded  in
 5        their  entirety.  In  accordance  with the procedures set
 6        forth in paragraph (2)(B) of this subsection,  submitting
 7        carriers  shall  maintain  and  preserve audio records of
 8        verification of subscriber authorization  for  a  minimum
 9        period  of  2  years  after  obtaining such verification.
10        Automated systems must provide consumers with  an  option
11        to speak with a live person at any time during the call.
12             (11)  Telecommunications   carriers   must   provide
13        subscribers  the option of using one of the authorization
14        and verification procedures specified in paragraph (6) of
15        this subsection in addition to an  electronically  signed
16        authorization  and verification procedure under paragraph
17        (6)(A) of this subsection.
18        (d)  Letter of agency form and content.
19             (1)  A telecommunications carrier may use a  written
20        or  electronically  signed  letter  of  agency  to obtain
21        authorization or verification, or both, of a subscriber's
22        request to change his or her preferred carrier selection.
23        A letter of  agency  that  does  not  conform  with  this
24        Section is invalid for purposes of this Section.
25             (2)  The  letter  of  agency  shall  be  a  separate
26        document  (or an easily separable document) or located on
27        a  separate  screen  or  webpage  containing   only   the
28        authorizing  language  described in paragraph (5) of this
29        subsection having  the  sole  purpose  of  authorizing  a
30        telecommunications   carrier   to  initiate  a  preferred
31        carrier change. The letter of agency must be  signed  and
32        dated  by  the  subscriber to the telephone line or lines
33        requesting the preferred carrier change.
34             (3)  The letter of agency shall not be  combined  on
 
                            -78-           LRB9201430LDcsam02
 1        the same document, screen, or webpage with inducements of
 2        any kind.
 3             (4)  Notwithstanding  paragraphs (2) and (3) of this
 4        subsection, the letter of agency  may  be  combined  with
 5        checks  that  contain  only the required letter of agency
 6        language  as  prescribed  in  paragraph   (5)   of   this
 7        subsection  and  the  necessary  information  to make the
 8        check a negotiable instrument. The letter of agency check
 9        shall not contain any promotional language  or  material.
10        The  letter  of  agency  check  shall  contain  in easily
11        readable, bold-face type on the front  of  the  check,  a
12        notice  that  the  subscriber  is authorizing a preferred
13        carrier change by signing the check. The letter of agency
14        language shall be placed near the signature line  on  the
15        back of the check.
16             (5)  At  a  minimum,  the  letter  of agency must be
17        printed with a type of sufficient size and readability to
18        be clearly legible and must contain clear and unambiguous
19        language that confirms:
20                  (A)  The subscriber's billing name and  address
21             and  each  telephone  number  to  be  covered by the
22             preferred carrier change order;
23                  (B)  The  decision  to  change  the   preferred
24             carrier  from the current telecommunications carrier
25             to the soliciting telecommunications carrier;
26                  (C)  That the subscriber designates (insert the
27             name of  the  submitting  carrier)  to  act  as  the
28             subscriber's agent for the preferred carrier change;
29                  (D)  That  the subscriber understands that only
30             one telecommunications carrier may be designated  as
31             the  subscriber's  interstate or interLATA preferred
32             interexchange carrier for any one telephone  number.
33             To   the  extent  that  a  jurisdiction  allows  the
34             selection of additional  preferred  carriers  (e.g.,
 
                            -79-           LRB9201430LDcsam02
 1             local     exchange,    intraLATA/intrastate    toll,
 2             interLATA/interstate    toll,    or    international
 3             interexchange) the letter  of  agency  must  contain
 4             separate   statements   regarding   those   choices,
 5             although a separate letter of agency for each choice
 6             is not necessary; and
 7                  (E)  That  the  subscriber may consult with the
 8             carrier as to whether a fee will apply to the change
 9             in the subscriber's preferred carrier.
10             (6)  Any carrier designated in a letter of agency as
11        a preferred carrier must be the carrier directly  setting
12        the rates for the subscriber.
13             (7)  Letters  of agency shall not suggest or require
14        that a subscriber take some action in order to retain the
15        subscriber's current telecommunications carrier.
16             (8)  If  any  portion  of  a  letter  of  agency  is
17        translated into another language then all portions of the
18        letter of agency must be translated into  that  language.
19        Every  letter  of agency must be translated into the same
20        language as any promotional materials, oral descriptions,
21        or instructions provided with the letter of agency.
22             (9)  Letters   of   agency   submitted    with    an
23        electronically  signed  authorization  must  include  the
24        consumer  disclosures  required  by Section 101(c) of the
25        Electronic Signatures in  Global  and  National  Commerce
26        Act.
27             (10)  A  telecommunications  carrier  shall submit a
28        preferred carrier change order on behalf of a  subscriber
29        within  no more than 60 days after obtaining a written or
30        electronically signed letter of agency.
31             (11)  If a telecommunications carrier uses a  letter
32        of  agency,  the  carrier  shall  send  a  letter  to the
33        subscriber using first class mail,  postage  prepaid,  no
34        later  than  10 days after the telecommunications carrier
 
                            -80-           LRB9201430LDcsam02
 1        submitting    the    change    in    the     subscriber's
 2        telecommunications  carrier  is on notice that the change
 3        has occurred.  The letter must inform the  subscriber  of
 4        the  details of the telecommunications carrier change and
 5        provide the subscriber with a toll free  number  to  call
 6        should the subscriber wish to cancel the change.
 7        (e)  A  switch  in a subscriber's selection of a provider
 8    of telecommunications service that complies  with  the  rules
 9    promulgated  by the Federal Communications Commission and any
10    amendments thereto shall be deemed to be in  compliance  with
11    the provisions of this Section.
12        (f)  The  Commission shall promulgate any rules necessary
13    to administer this Section. The rules promulgated under  this
14    Section  shall comport with the rules, if any, promulgated by
15    the Attorney General  pursuant  to  the  Consumer  Fraud  and
16    Deceptive   Business   Practices   Act  and  with  any  rules
17    promulgated by the Federal Communications Commission.
18        (g)  Complaints may be filed with  the  Commission  under
19    this Section by a subscriber whose telecommunications service
20    has  been  provided  by  an  unauthorized  telecommunications
21    carrier as a result of an unreasonable delay, by a subscriber
22    whose  telecommunications carrier has been changed to another
23    telecommunications carrier in a manner not in compliance with
24    this    Section,     by     a     subscriber's     authorized
25    telecommunications   carrier  that  has  been  removed  as  a
26    subscriber's telecommunications carrier in a  manner  not  in
27    compliance  with  this  Section, by a subscriber's authorized
28    submitting   carrier   whose   change   order   was   delayed
29    unreasonably, or by the Commission on its own  motion.   Upon
30    filing  of  the  complaint, the parties may mutually agree to
31    submit  the  complaint  to   the   Commission's   established
32    mediation  process.    Remedies  in the mediation process may
33    include, but shall not be limited to, the remedies set  forth
34    in  this  subsection.   In its discretion, the Commission may
 
                            -81-           LRB9201430LDcsam02
 1    deny the availability of the mediation process and submit the
 2    complaint to hearings.  If the complaint is not submitted  to
 3    mediation  or if no agreement is reached during the mediation
 4    process, hearings shall be held on the complaint.  If,  after
 5    notice   and   hearing,   the   Commission   finds   that   a
 6    telecommunications  carrier  has  violated  this Section or a
 7    rule promulgated under this Section, the  Commission  may  in
 8    its discretion do any one or more of the following:
 9             (1)  Require    the   violating   telecommunications
10        carrier to refund to the subscriber all fees and  charges
11        collected from the subscriber for services up to the time
12        the  subscriber  receives written notice of the fact that
13        the violating  carrier  is  providing  telecommunications
14        service  to  the  subscriber,  including  notice  on  the
15        subscriber's   bill.   For  unreasonable  delays  wherein
16        telecommunications service is provided by an unauthorized
17        carrier, the Commission may require the violating carrier
18        to  refund  to  the  subscriber  all  fees  and   charges
19        collected  from  the  subscriber  during the unreasonable
20        delay.  The Commission  may  order  the  remedial  action
21        outlined  in  this subsection only to the extent that the
22        same remedial action is  allowed  pursuant  to  rules  or
23        regulations  promulgated  by  the  Federal Communications
24        Commission.
25             (2)  Require   the   violating    telecommunications
26        carrier  to refund to the subscriber charges collected in
27        excess of those that  would  have  been  charged  by  the
28        subscriber's authorized telecommunications carrier.
29             (3)  Require    the   violating   telecommunications
30        carrier   to   pay   to   the   subscriber's   authorized
31        telecommunications  carrier  the  amount  the  authorized
32        telecommunications carrier would have collected  for  the
33        telecommunications service.  The Commission is authorized
34        to  reduce this payment by any amount already paid by the
 
                            -82-           LRB9201430LDcsam02
 1        violating telecommunications carrier to the  subscriber's
 2        authorized    telecommunications    carrier   for   those
 3        telecommunications services.
 4             (4)  Require   the   violating    telecommunications
 5        carrier  to  pay  a  fine of up to $1,000 into the Public
 6        Utility Fund for each repeated and intentional  violation
 7        of this Section.
 8             (5)  Issue a cease and desist order.
 9             (6)  For  a  pattern of violation of this Section or
10        for intentionally violating a  cease  and  desist  order,
11        revoke   the   violating   telecommunications   carrier's
12        certificate  of service authority. Rules for verification
13        of a subscriber's change in telecommunications carrier or
14        addition to a subscriber's service.
15        (a)  As  used  in  this  Section,  "subscriber"  means  a
16    telecommunications carrier's retail business customer  served
17    by  not  more than 20 lines or a retail residential customer,
18    and "telecommunications carrier" has  the  meaning  given  in
19    Section  13-202  of  the  Public  Utilities  Act, except that
20    "telecommunications carrier" does not include a  provider  of
21    commercial  mobile  radio  services  (as defined by 47 U.S.C.
22    332(d)(1)).
23        (b)  A subscriber's presubscription of a primary exchange
24    or interexchange   telecommunications carrier    may  not  be
25    switched  to  another  telecommunications carrier without the
26    subscriber's authorization.
27        (c)  A telecommunications carrier shall not effectuate  a
28    change  to  a  subscriber's  telecommunications  services  by
29    providing   an  additional  telecommunications  service  that
30    results in an additional monthly  charge  to  the  subscriber
31    (herein  referred  to  as  an  "additional telecommunications
32    service")  without  following  the  subscriber   notification
33    procedures   set  forth  in  this  Section.   An  "additional
34    telecommunications service" does not include making available
 
                            -83-           LRB9201430LDcsam02
 1    any additional telecommunications services on a  subscriber's
 2    line  when the subscriber activates and pays for the services
 3    on a per use basis.
 4        (d)  It is the responsibility of the company  or  carrier
 5    requesting  a  change  in  a  subscriber's telecommunications
 6    carrier to obtain  the  subscriber's  authorization  for  the
 7    change whenever the company or carrier acts as a subscriber's
 8    agent with respect to the change.
 9        (e)  A company or telecommunications carrier submitting a
10    change  in  a  subscriber's primary exchange or interexchange
11    telecommunications carrier  as described  in  subsection  (d)
12    shall  be  solely responsible for providing written notice of
13    the change to the subscriber in accordance with this Section,
14    or for obtaining verification of the subscriber's  assent  to
15    the  change  in  accordance with this Section. In addition, a
16    telecommunications  carrier  that  provides  any   additional
17    telecommunications  service  to  a subscriber shall be solely
18    responsible for providing written notice  of  the  additional
19    telecommunications  service  to  the subscriber in accordance
20    with this Section,  or  for  obtaining  verification  of  the
21    subscriber's  assent  to  the  additional  telecommunications
22    service in accordance with this Section.
23             (1)  If  the  company  or telecommunications carrier
24        elects to provide written notice in accordance with  this
25        Section, the notice shall be provided as follows:
26                  (A)  A  letter to the subscriber must be mailed
27             using first class mail, postage  prepaid,  no  later
28             than  10  days  after the telecommunications carrier
29             submitting the change in  the  subscriber's  primary
30             exchange or interexchange telecommunications carrier
31             is  on  notice  that  the  change has occurred or no
32             later than 10 days after initiation of an additional
33             telecommunications service has occurred.
34                  (B)  The letter must  be  a  separate  document
 
                            -84-           LRB9201430LDcsam02
 1             sent  for the sole purpose of describing the changes
 2             or additions authorized by the subscriber.
 3                  (C)  The letter must be printed with  10  point
 4             or  larger type and contain clear and plain language
 5             that  confirms  the  details  of  a  change  in  the
 6             presubscribed telecommunications carrier or  of  the
 7             addition   of  the  telecommunications  service  and
 8             provides the subscriber with a toll free  number  to
 9             call should the subscriber wish to cancel the change
10             or make additional changes.
11             (2)  If  the  company  or telecommunications carrier
12        elects to obtain verification  in  accordance  with  this
13        Section, verification shall be obtained as follows:
14                  (A)  Verification   shall  be  obtained  by  an
15             independent third-party that:
16                       (i)  operates from a  facility  physically
17                  separate  from  that  of the telecommunications
18                  carrier  or  company  seeking  the  change   or
19                  addition of service;
20                       (ii)  is   not   directly   or  indirectly
21                  managed, controlled, directed, or owned  wholly
22                  or in part by the telecommunications carrier or
23                  company  seeking  the  change  or  addition  of
24                  telecommunications services;
25                       (iii)  does   not  derive  commissions  or
26                  compensation based upon the  number  of  sales,
27                  changes, or additions confirmed; and
28                       (iv)  shall    retain   records   of   the
29                  confirmation of sales or changes for 24 months.
30                  (B)  The third-party verification  agent  shall
31             state  to  the  subscriber,  and  shall  obtain  the
32             subscriber's   acknowledgement   to,  the  following
33             disclosures:
34                       (i)  the consumer's name, address, and the
 
                            -85-           LRB9201430LDcsam02
 1                  telephone numbers of all telephone  lines  that
 2                  will   be   changed   or  to  which  additional
 3                  telecommunications services will be added;
 4                       (ii)  the names of the  telecommunications
 5                  carrier   or  company  that  is  replacing  the
 6                  previous    presubscribed    telecommunications
 7                  carrier or adding a telecommunications  service
 8                  to   the   subscriber's  account    and,  where
 9                  applicable, the  name  of  the  carriers  being
10                  replaced;
11                       (iii)  in   cases  where  verification  is
12                  sought  for  the   subscriber's   presubscribed
13                  telecommunications carrier, that  for each line
14                  the   subscriber   can   designate   only   one
15                  presubscribed   telecommunications  carrier  to
16                  handle each of  the  subscriber's  local,  long
17                  distance,  or local toll service depending upon
18                  which presubscribed telecommunications  service
19                  or services are being verified; and
20                       (iv)  the  fact  that a fee may be imposed
21                  on the subscriber for  the  change  of  primary
22                  exchange  or  interexchange  telecommunications
23                  carriers or that a monthly recurring fee may be
24                  charged  for the additional service, if that is
25                  the case.
26                  (C)  The third-party verification  agent  shall
27             obtain  verification  no later than 3 days after the
28             carrier submitting  a  change  in  the  subscriber's
29             primary exchange or interexchange telecommunications
30             carrier is on notice that the change has occurred or
31             no   later  than  3  days  after  initiation  of  an
32             additional telecommunications service has occurred.
33                  (D)  The telecommunications company or  carrier
34             seeking  to  implement  the  change  in  service  or
 
                            -86-           LRB9201430LDcsam02
 1             additional service may connect the subscriber to the
 2             verification   agent,   provided  that  all  of  the
 3             requirements for verification by a  third  party  as
 4             set  forth  in  this  Section are otherwise complied
 5             with fully.
 6             (3)  The   verification   or   notice   requirements
 7        described in this subsection shall apply to  all  changes
 8        to  a  subscriber's presubscription of a primary exchange
 9        or interexchange telecommunications carrier,  whether the
10        change was initiated through an inbound call initiated by
11        the  customer  or  outbound    telemarketing.   Where   a
12        subscriber's  telecommunications  services are changed by
13        the  provision  of   an   additional   telecommunications
14        service,   the   verification   or   notice  requirements
15        described in this subsection shall apply  if  the  change
16        was  initiated  through  outbound  telemarketing. Where a
17        subscriber's telecommunications services are  changed  by
18        the provision of an additional telecommunications service
19        and    the   change   was   initiated   through   inbound
20        telemarketing,  the  telecommunications   carrier   shall
21        comply  with  all rules or regulations promulgated by the
22        Federal Communications Commission.
23             (4)  Verifications conducted or obtained in a manner
24        not in compliance with this Section or notice given in  a
25        manner  not in compliance with this Section shall be void
26        and without effect.
27        (f)  The Commission shall promulgate any rules  necessary
28    to   ensure   that  the  primary  exchange  or  interexchange
29    telecommunications carrier  of a subscriber is not changed to
30    another telecommunications  carrier  or  that  an  additional
31    telecommunications   service   is   not   added  without  the
32    subscriber's authorization.  The rules promulgated under this
33    Section shall comport with the rules, if any, promulgated  by
34    the  Attorney  General  pursuant  to  the  Consumer Fraud and
 
                            -87-           LRB9201430LDcsam02
 1    Deceptive  Business  Practices  Act  and   with   any   rules
 2    promulgated by the Federal Communications Commission.
 3        (g)  Complaints  may  be  filed with the Commission under
 4    this Section  by  a  subscriber  whose  primary  exchange  or
 5    interexchange   carrier   has   been   changed   to   another
 6    telecommunications  carrier  without authorization or who has
 7    been provided an additional  telecommunications  service  not
 8    ordered  by  the  subscriber, by a telecommunications carrier
 9    that has been removed as a subscriber's primary  exchange  or
10    interexchange      telecommunications     carrier     without
11    authorization, or by the Commission on its own motion.   Upon
12    filing of the complaint, the parties may  mutually  agree  to
13    submit   the   complaint   to  the  Commission's  established
14    mediation process.  Remedies  in the  mediation  process  may
15    include,  but shall not be limited to, the remedies set forth
16    in paragraphs (1) through (5) of  this  subsection.   In  its
17    discretion,  the  Commission may deny the availability of the
18    mediation process and submit the complaint to  hearings.   If
19    the  complaint  is  not  submitted  to  mediation  or  if  no
20    agreement  is  reached during the mediation process, hearings
21    shall be held on the complaint pursuant to Article 10 of this
22    Act.  If after notice and hearing, the Commission finds  that
23    a  telecommunications  carrier has violated this Section or a
24    rule promulgated under this Section, the  Commission  may  in
25    its discretion order any one or more of the following:
26             (1)  In   case   of  an  unauthorized  change  in  a
27        subscriber's   primary    exchange    or    interexchange
28        telecommunications   carrier,   require   the   violating
29        telecommunications  carrier  to  refund to the subscriber
30        all fees and charges collected from  the  subscriber  for
31        services  up  to the time the subscriber receives written
32        notice  of  the  fact  that  the  violating  carrier   is
33        providing  telecommunications  service to the subscriber.
34        For a carrier that elects to provide written notice of  a
 
                            -88-           LRB9201430LDcsam02
 1        change    in   a   subscriber's   primary   exchange   or
 2        interexchange carrier, notice consistent  with  paragraph
 3        (1)  of  subsection (e) shall be deemed to  be receipt of
 4        notice by the subscriber for purposes of this  paragraph.
 5        For  a  carrier  that  elects to obtain verification of a
 6        change   in   a   subscriber's   primary   exchange    or
 7        interexchange  carrier  consistent  with paragraph (2) of
 8        subsection  (e)  of  this  Section,  either   the   first
 9        correspondence   from   the  carrier  that  notifies  the
10        customer of the change or the subscriber's first bill for
11        services, whichever is mailed first, shall be  deemed  to
12        be  receipt  of  notice by the subscriber for purposes of
13        this paragraph.  The Commission may  order  the  remedial
14        action  outlined  in  this  subsection only to the extent
15        that the same remedial  action  is  allowed  pursuant  to
16        rules   or   regulations   promulgated   by  the  Federal
17        Communications Commission.
18             (2)  In  case  of  an  unauthorized  change  in  the
19        primary  exchange  or  interexchange   telecommunications
20        carrier, require the violating telecommunications carrier
21        to  refund  to the subscriber charges collected in excess
22        of those that would have been charged by the subscriber's
23        chosen telecommunications carrier.
24             (3)  In  case  of  an  unauthorized  change  in  the
25        primary  exchange  or  interexchange   telecommunications
26        carrier, require the violating telecommunications carrier
27        to  pay  to  the  subscriber's  chosen telecommunications
28        carrier the amount the chosen telecommunications  carrier
29        would  have collected for the telecommunications service.
30        The Commission is authorized to reduce  this  payment  by
31        any    amount    already    paid    by    the   violating
32        telecommunications carrier  to  the  subscriber's  chosen
33        telecommunications  carrier  for those telecommunications
34        services.
 
                            -89-           LRB9201430LDcsam02
 1             (4)  Require   the   violating    telecommunications
 2        carrier  to  pay  a  fine of up to $1,000 into the Public
 3        Utility Fund for each repeated and intentional  violation
 4        of this Section.
 5             (5)  In  the  case  of  an  unauthorized  additional
 6        telecommunications service, require the violating carrier
 7        to    refund or cancel all charges for telecommunications
 8        services or products   provided  without  a  subscriber's
 9        authorization.
10             (6)  Issue a cease and desist order.
11             (7)  For  a pattern of violation of this  Section or
12        for intentionally violating a  cease  and  desist  order,
13        revoke   the   violating   telecommunications   carrier's
14        certificate of service authority.
15    (Source: P.A. 89-497, eff. 6-27-96; 90-610, eff. 7-1-98.)

16        (220 ILCS 5/13-903 new)
17        Sec.     13-903.     Authorization,    verification    or
18    notification, and dispute resolution for covered product  and
19    service charges on the telephone bill.
20        (a)  Definitions.  As used in this Section:
21             (1)  "Subscriber"    means    a   telecommunications
22        carrier's retail business customer  served  by  not  more
23        than 20 lines or a retail residential customer.
24             (2)  "Telecommunications  carrier"  has  the meaning
25        given in Section 13-202 of the Public Utilities  Act  and
26        includes  agents  and  employees  of a telecommunications
27        carrier, except that  "telecommunications  carrier"  does
28        not   include  a  provider  of  commercial  mobile  radio
29        services (as defined by 47 U.S.C. 332(d)(1)).
30        (b)  Applicability of Section.   This  Section  does  not
31    apply to:
32             (1)  changes   in   a  subscriber's  local  exchange
33        telecommunications     service      or      interexchange
 
                            -90-           LRB9201430LDcsam02
 1        telecommunications service;
 2             (2)  message  telecommunications  charges  that  are
 3        initiated  by  dialing  1+,  0+,  0-, 1010XXX, or collect
 4        calls and charges  for  video  services  if  the  service
 5        provider   has   the  necessary  call  detail  record  to
 6        establish the billing for the call or service; and
 7             (3)  telecommunications  services  available  on   a
 8        subscriber's  line when the subscriber activates and pays
 9        for the services on a per use basis.
10        (c)  Requirements  for  billing  authorized  charges.   A
11    telecommunications carrier shall meet all  of  the  following
12    requirements  before  submitting  charges  for any product or
13    service to be billed on any subscriber's telephone bill:
14             (1)  Inform the subscriber.  The  telecommunications
15        carrier  offering  the product or service must thoroughly
16        inform the subscriber of the  product  or  service  being
17        offered, including all associated charges, and explicitly
18        inform the subscriber that the associated charges for the
19        product  or  service  will  appear  on  the  subscriber's
20        telephone bill.
21             (2)  Obtain     subscriber    authorization.     The
22        subscriber must have clearly and explicitly consented  to
23        obtaining  the  product  or service offered and to having
24        the  associated  charges  appear  on   the   subscriber's
25        telephone  bill.   The  consent  must  be verified by the
26        service provider in accordance  with  subsection  (d)  of
27        this Section.  A record of the consent must be maintained
28        by the telecommunications carrier offering the product or
29        service  for  at  least  24  months immediately after the
30        consent and verification were obtained.
31        (d)  Verification    or    notification.     Except    in
32    subscriber-initiated   transactions   with   a   certificated
33    telecommunications carrier for which  the  telecommunications
34    carrier    has    the    appropriate    documentation,    the
 
                            -91-           LRB9201430LDcsam02
 1    telecommunications  carrier, after obtaining the subscriber's
 2    authorization in the required manner, shall either verify the
 3    authorization or notify the subscriber as follows:
 4             (1)  Independent third-party verification:
 5                  (A)  Verification  shall  be  obtained  by   an
 6             independent third party that:
 7                       (i)  operates  from  a facility physically
 8                  separate from that  of  the  telecommunications
 9                  carrier;
10                       (ii)  is   not   directly   or  indirectly
11                  managed, controlled, directed, or owned  wholly
12                  or in part by the telecommunications carrier or
13                  the carrier's marketing agent; and
14                       (iii)  does   not  derive  commissions  or
15                  compensation based upon  the  number  of  sales
16                  confirmed.
17                  (B)  The  third-party  verification agent shall
18             state,   and   shall   obtain    the    subscriber's
19             acknowledgment of, the following disclosures:
20                       (i)  the  subscriber's  name, address, and
21                  the  telephone numbers of all  telephone  lines
22                  that will be charged for the product or service
23                  of the telecommunications carrier;
24                       (ii)  that  the  person  speaking  to  the
25                  third  party  verification agent is in fact the
26                  subscriber;
27                       (iii)  that  the  subscriber   wishes   to
28                  purchase   the   product   or  service  of  the
29                  telecommunications carrier and is  agreeing  to
30                  do so;
31                       (iv)  that the subscriber understands that
32                  the  charges  for the product or service of the
33                  telecommunications carrier will appear  on  the
34                  subscriber's telephone bill; and
 
                            -92-           LRB9201430LDcsam02
 1                       (v)  the   name   and   customer   service
 2                  telephone   number  of  the  telecommunications
 3                  carrier.
 4                  (C)  The   telecommunications   carrier   shall
 5             retain, electronically or otherwise,  proof  of  the
 6             verification of sales for a minimum of 24 months.
 7             (2)  Notification.   Written  notification  shall be
 8        provided as follows:
 9                  (A)  the telecommunications carrier shall  mail
10             a  letter  to the subscriber using first class mail,
11             postage  prepaid,  no  later  than  10  days   after
12             initiation of the product or service;
13                  (B)  the  letter  shall  be a separate document
14             sent for the sole purpose of describing the  product
15             or service of the telecommunications carrier;
16                  (C)  the  letter shall be printed with 10-point
17             or  larger  type  and  clearly   and   conspicuously
18             disclose  the  material  terms and conditions of the
19             offer  of   the   telecommunications   carrier,   as
20             described in paragraph (1) of subsection (c);
21                  (D)  the   letter  shall  contain  a  toll-free
22             telephone number the subscriber can call  to  cancel
23             the product or service;
24                  (E)  the   telecommunications   carrier   shall
25             retain,   electronically   or  otherwise,  proof  of
26             written notification for a minimum of 24 months; and
27                  (F)  Written notification can be  provided  via
28             electronic   mail   if   consumers   are  given  the
29             disclosures  required  by  Section  101(c)  of   the
30             Electronic   Signatures   In   Global  And  National
31             Commerce Act.
32        (e)  Unauthorized charges.
33             (1)  Responsibilities      of      the       billing
34        telecommunications  carrier for unauthorized charges.  If
 
                            -93-           LRB9201430LDcsam02
 1        a subscriber's telephone bill is charged for any  product
 2        or  service  without  proper subscriber authorization and
 3        verification  or   notification   of   authorization   in
 4        compliance  with  this  Section,  the  telecommunications
 5        carrier  that  billed the subscriber, on its knowledge or
 6        notification of any unauthorized charge, shall  promptly,
 7        but  not  later  than  45  days  after  the  date  of the
 8        knowledge or notification of an unauthorized charge:
 9                  (A)  notify the product or service provider  to
10             immediately  cease  charging  the subscriber for the
11             unauthorized product or service;
12                  (B)  remove the unauthorized  charge  from  the
13             subscriber's bill; and
14                  (C)  refund  or  credit  to  the subscriber all
15             money  that  the  subscriber  has   paid   for   any
16             unauthorized charge.
17        (f)  The  Commission shall promulgate any rules necessary
18    to ensure that subscribers are not billed  on  the  telephone
19    bill  for  products or services in a manner not in compliance
20    with this Section.  The rules promulgated under this  Section
21    shall  comport  with  the  rules,  if any, promulgated by the
22    Attorney General pursuant to the Consumer Fraud and Deceptive
23    Business Practices Act and with any rules promulgated by  the
24    Federal    Communications   Commission   or   Federal   Trade
25    Commission.
26        (g)  Complaints may be filed with  the  Commission  under
27    this  Section  by  a  subscriber  who  has been billed on the
28    telephone bill for products or  services  not  in  compliance
29    with  this  Section  or  by the Commission on its own motion.
30    Upon filing of the complaint, the parties may mutually  agree
31    to  submit  the  complaint  to  the  Commission's established
32    mediation process.  Remedies in  the  mediation  process  may
33    include,  but shall not be limited to, the remedies set forth
34    in paragraphs (1) through (4) of  this  subsection.   In  its
 
                            -94-           LRB9201430LDcsam02
 1    discretion,  the  Commission may deny the availability of the
 2    mediation process and submit the complaint to  hearings.   If
 3    the  complaint  is  not  submitted  to  mediation  or  if  no
 4    agreement  is  reached during the mediation process, hearings
 5    shall be held on the complaint pursuant to Article 10 of this
 6    Act.  If after notice and hearing, the Commission finds  that
 7    a  telecommunications  carrier has violated this Section or a
 8    rule promulgated under this Section, the  Commission  may  in
 9    its discretion order any one or more of the following:
10             (1)  Require    the   violating   telecommunications
11        carrier to pay a fine of up to  $1,000  into  the  Public
12        Utility  Fund for each repeated and intentional violation
13        of this Section.
14             (2)  Require the  violating  carrier  to  refund  or
15        cancel all charges for products or services not billed in
16        compliance with this Section.
17             (3)  Issue a cease and desist order.
18             (4)  For  a  pattern of violation of this Section or
19        for intentionally violating a  cease  and  desist  order,
20        revoke   the   violating   telecommunications   carrier's
21        certificate of service authority.

22        (220 ILCS 5/13-1200 new)
23        Sec.  13-1200.   Repealer.  This Article is repealed July
24    1, 2005.

25        (220 ILCS 5/13-803 rep.)
26        Section 25.  The  Public  Utilities  Act  is  amended  by
27    repealing Section 13-803.

28        Section  30.  The  Consumer  Fraud and Deceptive Business
29    Practices Act   is    amended  by  changing  Section  2DD  as
30    follows:
 
                            -95-           LRB9201430LDcsam02
 1        (815 ILCS 505/2DD)
 2        Sec.  2DD.  Telecommunication service provider selection.
 3    A telecommunication carrier shall not  submit  or  execute  a
 4    change  in  a  subscriber's  selection of a provider of local
 5    exchange   telecommunications   service   or    interexchange
 6    telecommunications  service  or offer or provide a product or
 7    service to be billed on the telephone  bill  as  provided  in
 8    Sections  13-902 and 13-903 any additional telecommunications
 9    service as defined in Section 13-902 of the Public  Utilities
10    Act except in accordance with (i) the verification procedures
11    adopted  by  the  Federal Communications Commission under the
12    Communications Act of 1996, including subpart K of 47 CFR 64,
13    as those procedures are from time to time amended,  and  (ii)
14    Sections  13-902  and  13-903  Section  13-902  of the Public
15    Utilities Act and any rules adopted by the Illinois  Commerce
16    Commission under the authority of that Section as those rules
17    are  from time to time amended.  A telecommunications carrier
18    that violates  this  Section  commits  an  unlawful  practice
19    within the meaning of this Act.
20    (Source: P.A. 89-497, eff. 6-27-96; 90-610, eff. 7-1-98.)

21        Section  99.  Effective date.  This Act takes effect June
22    30, 2001.".

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